By Ramaswamy R Iyer
Textual content discusses and analyzes numerous interlinked issues concerning the most important elements and dimensions of water assets. provides a view of the problems affecting water assets, whereas seriously reviewing coverage and constitutional provisions. for college kids and teachers within the fields of water assets, hydrology, and environmental experiences. DLC: Water--supply--Government policy--India.
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Extra resources for Water: Perspectives, Issues, Concerns
They feel that Article 262 is only an enabling article, and that Parliament was not obliged to enact a law for the establishment of tribunals to adjudicate inter-State river water disputes. They would like to shift river water disputes back from the tribunals to the Supreme Court. Their recommendation is to bring such disputes within the original and exclusive jurisdiction of the Supreme Court. At the same time, they are not recommending the repeal of Article 262, as it may be needed if we want to get back to the tribunals!
It is wrong to assume that in the absence of ‘guidelines’ laid down by the Central Government, or Parliament, tribunals have been arbitrary. They have generally tried to take all the available ‘principles’ into account, such as existing judicial pronouncements national and international, international conventions such as the Helsinki Rules and so on; and each tribunal takes note of the observations of earlier tribunals; and thus a body of case law gets built up. It seems doubtful whether an attempt to frame a fresh set of guidelines will really advance matters much.
New disputes may well arise after some years in respect of settled cases, and at some stage it may become necessary to establish a new tribunal. Should this possibility be ruled out altogether? Inter-State Water Disputes Act 1956 37 (vii) Finally, the point made earlier that a single, non-appealable decision may leave one party with a sense of grievance remains. The suggestion made above of a provision for an appeal to the Supreme Court still seems worth considering. Subject to those questions and doubts, one must welcome these amendments, and hope that they will enable future cases to move faster.
Water: Perspectives, Issues, Concerns by Ramaswamy R Iyer