Article 262 of Indian Constitution: Disputes relating to inter-State rivers or river valleys

Article 262 of Indian Constitution

Adjudication of disputes relating to waters of inter-State rivers or river valleys

• Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution, or control of the waters of, or in, any inter-State river or river valley.
• Notwithstanding anything in this Constitution, Parliament may by law provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint as is referred to in clause (1).

Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders" 

Under the Indian Constitution, Parliament has the power to make laws of disputes regarding interstate river waters under Article 262. It allows the Parliament to -

• Adjudication Mechanism: Establish laws for resolving disputes related to the use, distribution, or control of waters in inter-state rivers or river valleys.
• Exclusion of Judiciary: Enact provisions that exclude the jurisdiction of the Supreme Court or any other court concerning such disputes.

Parliament possesses the authority to establish specific procedures for handling inter-state water disputes which precludes regular courts from becoming involved in these issues. The provision intends to establish a specialized technical framework to address difficult water disputes between states.

Landmark Cases or Judgments of Article 262 of Indian Constitution

Several significant cases have interpreted and applied Article 262:

• State of Karnataka v. State of Andhra Pradesh & Others (2000): The case investigated the Supreme Court's authority to hear inter-state water dispute cases. According to Article 262 and the Inter-State Water Disputes Act of 1956 the Court determined it lacks jurisdiction for inter-state water disputes.
• State of Tamil Nadu v. State of Karnataka & Others (1991): In this case, the Supreme Court emphasized that the provisions of Article 262, read with the Inter-State Water Disputes Act, 1956, exclude the Court's jurisdiction in inter-state water disputes.
• State of Haryana v. State of Punjab & Another (2002): The Court reiterated that Article 262 empowers Parliament to provide for the adjudication of inter-state water disputes and to exclude the jurisdiction of all courts, including the Supreme Court, in such matters.
   

Article 262 holds substantial importance in the Indian constitutional framework:

• Specialized Dispute Resolution: It enables the creation of specialized tribunals equipped with technical expertise to handle complex inter-state water disputes, ensuring informed and efficient resolutions.
• Preservation of Federal Harmony:By providing a mechanism to resolve disputes amicably, Article 262 maintains cordial relations between states by strengthening the federal structure.
• Judicial Efficiency: Excluding the jurisdiction of regular courts prevents the judiciary from being burdened with technically intricate water disputes, allowing them to focus on other matters.

Developments and Amendments of Article 262 of Indian Constitution

The Inter-State Water Disputes Act, 1956 was passed by Parliament in accordance with Article 262 of the Constitution and it establishes a mechanism for resolving disputes of interstate rivers and river valleys. To resolve issues and enhance the dispute settlement process, this Act has been modified:

• Amendment in 2002: To fasten the process of resolution, the Act was amended to mandate time-bound adjudication and to smoothen the functioning of the tribunal.
• Proposed Inter-State River Water Disputes (Amendment) Bill, 2019: This Bill seeks to set up one permanent tribunal with several benches. It will handle inter-state river water disputes. This will replace the many separate tribunals that exist now.

Conclusion

Article 262 of Indian Constitution helps settle water disputes between states. It allows Parliament to create special bodies for this purpose. Regular courts stay out, so conflicts can be resolved quickly. This helps maintain peace and cooperation among states..