Inter-State River Water Disputes (Amendment) Bill, 2019

The Inter-State River Water Disputes (Amendment) Bill, 2019 was introduced in the Lok Sabha on 25 July 2019 by the Minister of Jal Shakti, Gajendra Singh Shekhawat, with the objective of overhauling and expediting the process for resolving disputes over the sharing of inter-state river waters in India. The Bill seeks to amend the Inter-State River Water Disputes Act, 1956, which provides the legal mechanism for adjudicating disputes concerning the waters of inter-state rivers and river valleys.

Background and Rationale

India’s complex network of rivers often flows across multiple state boundaries, leading to recurrent disputes over water sharing, utilisation, and control. Major conflicts such as those over the Cauvery, Krishna, Godavari, Narmada, and Yamuna rivers have persisted for decades, causing political tensions and legal challenges.
Under the Inter-State River Water Disputes Act, 1956, the Central Government was empowered to constitute separate tribunals for each dispute. While this system ensured a formal adjudicatory process, it suffered from serious drawbacks:

• Prolonged delays in tribunal formation and adjudication.
• Multiplicity of tribunals, each functioning independently without standardised procedures.
• Implementation gaps in enforcing awards.
• Absence of a unified data framework on river water flow and usage.

In light of these persistent inefficiencies, the Government of India sought to reform the mechanism through the 2019 Amendment Bill, introducing a single, permanent tribunal and a structured pre-adjudication process to promote timely and equitable resolution.

Objectives of the Bill

The Bill’s primary aim is to ensure faster adjudication and better coordination in handling river water disputes by:

• Establishing a single, permanent tribunal with multiple benches.
• Setting definite time limits for dispute resolution.
• Introducing a Dispute Resolution Committee (DRC) for pre-litigation negotiation.
• Enhancing data transparency through a national-level database.

Major Provisions of the Bill

1. Single Permanent Tribunal
   • The Bill provides for the constitution of a Permanent Inter-State River Water Disputes Tribunal (ISRWD Tribunal) with a Chairperson, Vice-Chairperson, and members as decided by the Central Government.
   • This replaces the existing system of ad hoc tribunals formed for each dispute.
   • The tribunal will have multiple benches, each assigned to specific disputes, allowing parallel adjudication and faster decisions.
2. Dispute Resolution Committee (DRC)
   • Before referring any dispute to the tribunal, the Central Government must establish a Dispute Resolution Committee to mediate between the concerned states.
   • The DRC will include experts and representatives from the disputing states.
   • It must submit its report within one year, extendable by six months, aiming for amicable resolution.
   • Only if no settlement is reached will the matter proceed to the tribunal.
3. Time-Bound Adjudication
   • The tribunal must deliver its decision within two years, extendable by one additional year.
   • This time-bound framework addresses delays that plagued earlier tribunals, some of which took decades to issue awards.
4. Finality and Binding Nature of Awards
   • The tribunal’s decision will be final and binding on all states involved.
   • Unlike the earlier system, there will be no requirement for publication in the Official Gazette for the decision to take effect.
5. Data Bank and Information System
   • The Bill authorises the Central Government to maintain a comprehensive data bank for each river basin.
   • This system will include real-time information on rainfall, river flow, catchment areas, and water utilisation, ensuring that tribunal decisions are based on verified scientific data.
6. Implementation Mechanism
   • The Centre may frame a scheme to ensure the implementation of tribunal decisions, addressing one of the major weaknesses of the 1956 Act—poor enforcement.
7. Transfer of Pending Cases
   • All ongoing disputes and existing tribunals constituted under the 1956 Act will be dissolved, and pending matters will be transferred to the new permanent tribunal for continuation.

Constitutional and Legal Basis

The Bill operates under the provisions of Article 262 of the Indian Constitution, which:

• Allows Parliament to make laws for adjudication of disputes relating to inter-state rivers and river valleys.
• Authorises Parliament to exclude the jurisdiction of the Supreme Court or any other court in such disputes.

The original Inter-State River Water Disputes Act, 1956 was enacted to implement these constitutional provisions. The 2019 amendment modernises the mechanism to align it with current needs of governance, hydrological management, and cooperative federalism.

Advantages and Expected Impact

The proposed changes are expected to bring several benefits to India’s water governance framework:

• Expeditious Resolution: A permanent tribunal with time-bound procedures will reduce delays and uncertainty.
• Institutional Continuity: Having a standing body ensures expertise retention and procedural consistency.
• Promotion of Cooperative Federalism: The DRC encourages negotiation and settlement before legal adjudication.
• Data-Driven Decisions: A centralised data bank supports objective, science-based decision-making.
• Uniform Implementation: A single institution ensures consistent enforcement of decisions across states.

Criticisms and Concerns

Despite its positive intent, the Bill has attracted criticism from certain quarters:

• Centralisation of Powers: The Central Government’s control over tribunal appointments and data management has raised concerns about reduced state autonomy.
• Unclear Enforcement Mechanisms: The Bill lacks detailed provisions for monitoring and enforcing compliance with tribunal awards.
• Ambiguity in Transition: The process of transferring ongoing cases from existing tribunals may lead to procedural confusion.
• Limited Role for Stakeholders: The Bill provides little scope for public participation or involvement of non-governmental stakeholders in dispute resolution.

Some experts have also cautioned that while legal reforms are necessary, addressing underlying issues such as water scarcity, interstate coordination, and climate variability is equally critical.

Broader Significance

The Inter-State River Water Disputes (Amendment) Bill, 2019 reflects India’s evolving approach to water resource management—shifting from fragmented, case-by-case adjudication to a unified, institutionalised model. It underscores the principle of cooperative federalism, encouraging dialogue and scientific management rather than prolonged litigation.
The Bill also complements other government initiatives such as the Jal Shakti Abhiyan, Atal Bhujal Yojana, and the National Water Mission, all of which aim to ensure sustainable and equitable utilisation of water resources.