Water is a vital resource, and its equitable distribution among states in India has often been a source of contention. Understanding inter-state water disputes is crucial for mastering the Polity and Constitution syllabus for competitive exams like the UPSC. This module will delve into the constitutional provisions, legal frameworks, and key disputes that shape centre-state relations concerning water resources.

The Indian Constitution allocates legislative powers regarding water resources between the Union and the States. While 'water' itself is a State subject (Entry 17 of List II), the regulation and development of inter-state rivers and river valleys are under the Union's purview (Entry 56 of List I). This division of powers often necessitates cooperation and can lead to disputes when not managed effectively.

Article 262 of the Constitution provides the legal basis for resolving inter-state water disputes. It empowers Parliament to enact laws for the adjudication of any dispute or complaint regarding the use, distribution, or control of waters of any inter-state river or river valley. Crucially, Article 262(2) states that notwithstanding anything in the Constitution, Parliament may by law provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of such disputes.

Two significant Acts have been passed under Article 262:

The Inter-State Water Disputes Act, 1956, is the primary mechanism for resolving these conflicts. When a state government makes a request regarding a dispute, and the Central Government is of the opinion that the dispute cannot be settled by negotiation, it can constitute a Water Disputes Tribunal. The tribunal's decision is binding on the parties involved and is published in the Official Gazette. However, the Supreme Court can be approached if a tribunal's award is not implemented.

Several river basins in India are prone to inter-state water disputes due to varying water availability, population density, agricultural needs, and developmental projects. Some of the most prominent ones include:

1. Krishna Water Dispute: Involves states like Maharashtra, Karnataka, and Andhra Pradesh (now Telangana and residual Andhra Pradesh). The Krishna Water Disputes Tribunal (KWDT) has given awards, but disputes over implementation and allocation persist.

2. Godavari Water Dispute: Primarily involves Maharashtra, Andhra Pradesh, Karnataka, Odisha, and Madhya Pradesh. The Godavari Water Disputes Tribunal (GWDT) has adjudicated this dispute.

3. Cauvery Water Dispute: A long-standing dispute involving Karnataka, Tamil Nadu, Kerala, and Puducherry. The Cauvery Water Disputes Tribunal (CWDT) was established, and its award was later modified by the Supreme Court.

4. Ravi and Beas Water Dispute: Primarily between Punjab, Haryana, and Rajasthan. The Ravi and Beas Waters Tribunal (RBWT) was constituted to address this.

5. Narmada Water Dispute: Involves Gujarat, Madhya Pradesh, Maharashtra, and Rajasthan. The Narmada Water Disputes Tribunal (NWDT) was set up to resolve this.

Despite the legal framework, inter-state water disputes remain a significant challenge. Issues include the delayed constitution of tribunals, prolonged adjudication periods, non-implementation of awards, and the impact of climate change on water availability. A more proactive approach involving interstate cooperation, efficient water management practices, and potentially a permanent tribunal with enhanced powers could help mitigate these conflicts.