195-Conflict and Co-operation in the Sharing of Waters of Interstate Rivers - Remodeling the Indian Experience Based on International Law.

Abstract

A majority of rivers in India, coursing across its geographical contours, are interstate rivers. The sharing of water amongst riparian states has grown to become a major source of conflict within the hydro-regime in India. With none of the States willing to forgo its share and the failure of the existing water dispute mechanisms to effectively provide resolution, an urgent need is felt to re-visit this issue. Against this backdrop, the primary agenda of this research paper is to hypothesize the concern of resolution of interstate river disputes in India, drawing heavily from the principles underlying international watersharing laws in relation to the same. As a preliminary underpinning, the Part I of the paper initiates the debate of sharing of waters and water rights entitlement of states, in the light of the mounting trans-boundary river disputes in India. Part II of this paper evaluates the domestic model of resolution of inter-State water disputes, with emphasis on the relevant provisions of the Constitution, legislations including the Inter-State River Water Disputes Act, 1956, (ISRWD Act, 1956) and River Boards Act 1956 and the related process of tribunalisation Part III of the paper critically appraises the international water-sharing laws applied in the resolution of international river disputes. Part IV thrusts upon the viability of application of aforementioned international law theories in the Indian scenario. Part V deals with the final recommendations to strengthen the dispute resolution mechanism, with the aim to minimize discrepancy between the statutory machinery and its operational environment.