Inter state water dispute in india
152690526
The Supreme Court of India and Inter State water dispute: an analysis of the judgements on Mullaperiyar Dam
This paper addresses the issue of the Mullaperiyar Dam dispute between Kerala and Tamil Nadu with specific reference to the two judgements delivered by the Supreme Court of India on the matter. This paper attempts to examine the arguments, facts, and the judgement of the Court on each of the primary issues raised during the course of the dispute. The first case was filed by the Mullaperiyar Environmental Protection Forum in 2001, wherein the Court adjudged the case in favour of the Respondents, the State of Tamil Nadu. Consequently, due to certain developments, examined in the course of the second case, the State of Tamil Nadu filed a petition before the Supreme Court against Kerala, in 2006 seeking relief for the actions on the part of the latter after the judgement in the first case. A Constitution Bench was constituted to adjudicate this case, which re examined certain issues raised during the first case and conclusively laid down its decision in favour of Tamil Nadu.
M P Ram Mohan Krittika Chavaly
216815714
India's Inter State River Water Disputes: Conflict Resolution Mechanisms and Possible Solutions
India is an enormous nation with countless rivers that traverse from one state to another, and some even to other neighbouring countries. In a country that is largely dependent on monsoonal rainfall for domestic, irrigational, industrial and other needs of its citizens, inter state disputes have cropped up from time to time regarding the varying demand for river water supply and usage. Often it is observed that such disputes pester for as long as two decades with no solution in sight, due to a plethora of reasons prevalent in the country. Long running disputes like Ravi Beas and Kaveri that have been in litigation for 31 and 27 years respectively have also displayed the inability to amicable settle the dispute between the riparian states. As rivers are considered sacred and worshipped in Indian culture, our civilisation has always attached an emotional value to them. But this takes a dangerous turn when the politicians of the riparian states exploit people's sentiments for electoral gain. This paper examines the feasibility of the existing legal framework in India for dispute resolution and the damage caused by adverse politicisation of these sensitive issues. A brief explanation of river water management practices implemented in foreign countries is provided to elucidate the feasibility of those practices in India. The paper also recommends long due reforms in the present dispute resolution mechanism along with river water management practices that are implemented globally to avoid these disputes in the long run. Index Terms Rivers, Inter state, Dispute, Resolution, Mechanism. ________________________________________________________________________________________________________
Nishanth Venkata Pinnamaneni
131501509
Inter State Dispute over Water and Safety in India: The Mullaperiyar Dam, a Historical Perspective
The conflict between the two southern most states of India, Kerala and Tamil Nadu over Mullaperiyar dam issue is for safety and water. The waters of Mullaperiyar of Kerala were diverted to irrigate the drought prone districts of Tamil Nadu during the legacy of the British based on the Periyar lease deed. This interstate project is serving as a source of water and hydel power to Tamil Nadu but now Kerala is not permitting to keep the water at full storage level citing various reasons. The issue came to the Supreme Court, the apex body of the judicial system in India. Politicians of both the states started using this issue for their benefits and exploiting the emotions of the local people. The details about the river, dam, lease deed and the origin of the conflict are traced along with the aspects of safety and environmental concerns. The demands of Tamil Nadu and the arguments of Kerala in connection with the possibility of the new dam are also discussed.
Antony Joseph Thatheyus Delphin Prema Dhanaseeli Prof Vanitha
153236038
Inter State Water Disputes in India: Institutions and Policies
In this paper we argue that Indian water dispute settlement mechanisms are ambiguous and opaque. We distinguish analytically between situations where cooperation is possible, and situations of pure conflict, where the initial allocation of rights is at stake. In the latter case, a search for a negotiated solution may be futile, and quick movement to arbitration or adjudication may be more efficient. However, in India, the process is slow, and effectively binding arbitration does not exist. The entanglement of inter state water disputes with more general center state conflicts and political issues compounds problems. We argue that these impacts can be reduced by a more efficient design of mechanisms for negotiating inter state water disputes: some of the possibilities include a national water commission independent of daily political pressures, a federated structure incorporating river basin authorities and water user associations, and fixed time periods for negotiation and adjudication.
Alan R Richards Nirvikar Singh
216150483
Inter state Water Disputes in India: Institutions and Policies
In this paper the authors argue that Indian water dispute settlement mechanisms are ambiguous and opaque. The authors distinguish analytically between situations where co operation is possible, and situations of pure conflict, where the initial allocation of rights is at stake. In the latter case, a search for a negotiated solution may be futile, and quick movement to arbitration or adjudication may be more efficient. However, in India, the process is slow, and effectively binding arbitration does not exist. The entanglement of inter state water disputes with more general centre state conflicts and political issues compounds problems. The authors argue that these impacts can be reduced by a more efficient design of mechanisms for negotiating inter state water disputes: some of the possibilities include a national water commission independent of daily political pressures, a federated structure incorporating river basin authorities and water user associations and fixed time periods for negotiation and adjudication.
Alan R Richards Nirvikar Singh
154733115
Inter State Water Disputes: a Case Study of India
During the last 27 years of independence, a large number of inter state water disputes cropped up over the use of rivers. Surprisingly enough, more disputes developed in this short period than in the earlier 200 years of the development of irrigation and so far none of the disputes has been permanently solved. The major rivers of India are all inter state rivers and this is one of the more important reasons why some of them are not yet fully developed for irrigation or power production. The Union Government has set up, so far, only three tribunals to adjudicate inter state disputes. But the problems do not end simply by setting up the tribunals. In practice, it has also proved a dilatory process. None of the tribunals has been successful in settling any dispute in the long years of their existence. There is no codified law prescribing rights and the notion of "equity" has come to prevail restraining the upper states from drawing such quantities of water as would injure the interests of the lower states. Though the general principle of equitable apportionment had been advocated many times, in practice each contending state had given this principle an interpretation that suited it. The basic principle would be to harness the rivers not for the benefit of a particular state but for the maximization of agricultural, industrial, and navigational potential in the areas served by the rivers.
Siddharth Gautam
130949201
The Krishna River Water Dispute: No End in Sight?
Water flows downward irrespective of boundaries demarcated by man. The geographical features are such that in India, many major rivers flow through political boundary of one or more states and have been a source of potential conflict. The nation has tried to resolve the conflicts using the constitutional machinery and the statutory framework evolved over time, but the political climate and culture prevalent in the country as at present have not proved to be conducive to the same, resulting in protracted settlement and adjudicatory processes, not helping any particular state. The Krishna water dispute is among these and has had a long history, not being satisfactorily settled till date. This paper traces the constitutional machinery and the statutory framework evolved over time, the main reasons for inter state river water disputes, before discussing in some detail the Krishna river water dispute. The paper concludes that politicisation of inter state water disputes is a hard fact that cannot be overlooked. Apparently, political compulsions of different parties and the perceived needs of the population of the states have been accentuating these disputes. Thus, institutional machinery has to be established whereby exchange of information, negotiations and collaborations can take place. These institutions may not and indeed cannot supplant the legal machinery in place, but may effectively supplement it. The proposed setting up of inter state council, under Article 263, may be a step in the right direction.
Uma Sastry Burra
17656812
Water and Federalism India s Institutions Governing Inter State River Waters
Executive Summary The paper analyzes the process of resolving interstate water disputes. Indian water dispute settlement mechanisms are ambiguous and opaque. A cooperative bargaining framework suggests that water can be shared efficiently, with compensating transfers as necessary, if initial water rights are well defined, and if institutions to facilitate and implement cooperative agreements are in place. The paper also emphasizes the role of complementary investments, and the need to expand the scope of bargaining to include these where feasible. Delayed agreement over water can encourage inefficient, non cooperative investments in dams, irrigation, and agriculture and industry more generally. Additionally, we distinguish between situations where cooperation is possible, and situations where the initial allocation of rights is at stake, where there is pure conflict rather than potential gains from trade. In the pure conflict situation, which seems very relevant for Indian interstate disputes, a search for a negotiated solution may be futile, and quick movement to arbitration or adjudication may be more efficient. However, in the Indian case, not only is this process slow, but, effectively, binding arbitration does not exist. The threat point of no agreement has been the outcome in several major disputes (e.g. Cauvery; Ravi Beas) This can result in inefficient levels of investment by the individual, non agreeing 2 states, generating a diversion of scarce investment resources, as well as inefficient use of the water itself. This in turn can have negative impacts on economic growth. The problems are compounded by the entanglement of interstate water disputes with more general center state conflicts, and with everyday political issues. We argue that these impacts can be reduced by a more efficient design of mechanisms for negotiating interstate water disputes. We present some of the possibilities, including a national water commission independent of daily political pressures, a federated structure incorporating river basin authorities and water user associations, and fixed time periods for negotiation and adjudication.
Alan R Richards Nirvikar Singh
154413683
Sharing of Inter state River Water Resources: Case Studies of Two Major Irrigation Systems in Tamil Nadu, India
Water flows according to physical laws of nature and it does not respect the political or administrative boundaries created by man. Sharing of water resources is one of the major challenges to be focused on for the survival of mankind. Most of the rivers in southern India originate from the Western Ghats, and two river systems in Tamil Nadu the Cauvery Mettur Project (CM P) and Periyar Vaigai Project (PVP) are considered here. In both systems, the catchment area being in neighbouring states, their water potential is entirely dependent on monsoon rains in the other area as well as good neighbourliness between the states water sharing. The Cauvery water dispute has becom e a highly sensitive issue leading to dwindling of the rice cultivated area, exportation of landless agricultural labour, change in cropping strategy and techniques of cultivation, drinking water problems etc. A portion of the surplus water from the westward flowing Periyar river in Kerala State is stored and diverted through a tunnel acr.
S Santhana Bosu
127482316
The Politics of Water Resource Development in India: The Narmada Dams Controversy
Preface Introduction: Wading In The Politics of Water India's Water Resources, Major Water Conflicts and Water Policy Development Narmada: The Beginnings of the Dispute The Tribunal Goes to Work: The Politics of Inter State River Water Dispute Resolution Opposition to Sardar Sarovar: The Rise of Human Rights and Environmental Protectionism 'Step Back and Consider Afresh' The World Bank Independent Review The Supreme Court Decides: The Judiciary, the Polity and the Resolution of the Narmada Dispute Alternatives and Complements to Sardar Sarovar: The Paradigm Shift in Indian Water Resource Management Conclusion: Understanding Water Resource Development Politics in India Epilogue References and Select Bibliography Index Alternatives and Complements to Sardar Sarovar
John R Wood