Paper short abstract:

Of late, Indian cooperative federalism has started spanning towards competitive federalism. This paper purports to examine the impact of this changing paradigm on interstate river water conflict management in India

Paper long abstract:

Water paucity engages many nations and states on severe river water conflicts. India is no exception. This issue occupies centre stage in recent interstate and centre state conflicting relations be it the dispute over Cauvery river water between Karnataka state and Tamil Nadu state or dispute over Ravi-Beas river water among Haryana, Punjab and Delhi states.

Entry 17 in the state list, entry 56 in the union list and article 262 are federal mechanism provided by the constitution over the issue. Unfortunately, these provisions are contradictory and opaque. For example, first provision makes it a state subject but qualified by entry 56 in the list. It states " Regulation and development of interstate rivers and river valleys to the extent to such regulation and development under the control of union is declared by parliament by law to be expedient by public interest." Article 262 establishes supremacy of Parliament over Supreme Court on the matter. Although Parliament has hardly legislated on entry 56 and states have dominated the allocation of river water. These theoretical balancing mechanisms provide space for collusion among states in reality. After 1992, political and economic ecology of the nation have changed drastically compounding the problem. Indian federalism has moved from the doctrine of cooperation to the doctrine of competition politically as well. In such political milieu incorporating the doctrine of harmony in federal water dispute requires new approach and strategy.

This paper discusses constitutional/ statutory mechanisms, policy & institutions and recent challenges over the issue.