4-Water Rights in Indian Transboundary Watercourses.

Abstract

The world today is facing a daunting task of dealing with the frequently erupting conflicts over the transboundary watercourses. The study being reported herein is a sincere effort on the part of the authors to bring about a comprehensive and lasting solution to the problems of transboundary watercourses in India. Over 85% of the Indian territory lies within as major and medium interstate rivers. Known worldwide as a "federation sui generic', India has a unique distinction of having a federal form of government with a strong unitary bias. The present study is divided into three sections. The first section attempts to analyse the basic philosophies behind the international water sharing laws with a view to their application in resolving the interstate water disputes in India. The second section provides an insight into the provisions of the Indian Constitution pertaining to the interstate river water disputes followed by a detailed analysis of the relevant Parliamentary legislations and the follow up measures including the enactment of Interstate Water Disputes Act, 1956 and the River Boards Act, 1956. The Constitutional provisions relating to the Centre-state relations are discussed with a special emphasis on the provisions relating to the water disputes. The final section suggests ways and means to help resolve the conflicts pertaining to interstate rivers in India which is consistent with the Indian Constitutional provisions as well as the philosophy and spirit of the international water sharing laws.