Consider the following statements:
1. Parliament can bar the jurisdiction of courts over inter-state water disputes.
2. Article 262 empowers the Inter-State Council to adjudicate water disputes.
Which of the above statements is/are correct?
Show answer & explanation
Correct answer: A
Explanation
Correct Answer: Option 1 (Only 1)
Explanation:
The constitutional analysis of the given statements is as follows:
Statement 1 is correct: Under Article 262(2) of the Indian Constitution, Parliament may, by law, provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any dispute relating to the use, distribution, or control of the waters of an inter-state river or river valley. Using this power, Parliament passed the Inter-State Water Disputes Act, 1956.
Statement 2 is incorrect: Article 262 empowers Parliament to make provisions for the adjudication of water disputes, not the Inter-State Council. The Inter-State Council is constituted under Article 263, whose primary function is to coordinate and investigate disputes between states, not to render legal decisions on water disputes.
Additional Facts:
Tribunals: The central government constitutes special tribunals (such as the Cauvery Water Disputes Tribunal) to resolve water disputes.
Article 263: Under this, the President has the power to establish an Inter-State Council. It was first constituted in 1990 on the recommendation of a government commission.
Entry: Entry 17 of the State List deals with water, but Entry 56 of the Union List gives the central government the power to regulate inter-state rivers.
Possible questions for the upcoming exam:
Who is the chairman of the Inter-State Council?
(Answer: Prime Minister)
Which states are primarily involved in the Cauvery water dispute?
(Answer: Karnataka, Tamil Nadu, Kerala, and Puducherry)
In which year was the River Boards Act passed?
(Answer: 1956)