Discuss the administrative relations between the Union and the States. How are the Inter State Water…

Question

Discuss the administrative relations between the Union and the States. How are the Inter State Water Disputes resolved in India?

Ghissu Editorial · Accepted Answer

Union-State administrative relations rest on Articles 256 and 257, which bind States to comply with Union laws, Article 258 delegation and the All India Services, while inter-state water disputes are settled under Article 262. The Inter-State River Water Disputes Act, 1956 refers disputes to tribunals whose awards are binding.

**Introduction**

Administrative relations between the Union and States underpin India’s federalism, especially in managing shared resources like interstate rivers, where disputes impact development and harmony.

**Nature and Features of Administrative Relations**

1. **Federal Division of Powers**: The Constitution assigns water powers to Union (Entry 56, List I) and States (Entry 17, List II), balancing state autonomy with Union regulation of interstate rivers.  
2. **Cooperative yet Conflictual Federalism**: States control water use but often resist central intervention, complicating integrated river basin management, as seen in the bifurcation of ==Andhra Pradesh== and Krishna river disputes.

**Constitutional and Institutional Framework**

3. **Article 262 and ISRWD Act**: Article 262 empowers Parliament to exclude Supreme Court jurisdiction, leading to the Inter-State River Water Disputes Act (1956) which sets up tribunals with binding awards.  
4. **Permanent Tribunals and Mediation**: The 2019 Amendment Bill proposed a permanent tribunal and a dispute resolution committee to expedite resolution, addressing delays like the 17-year Cauvery Tribunal process.

**Effectiveness and Challenges**

5. **Delays and Enforcement Weakness**: Tribunals face decades-long delays, data deficiencies, and enforcement depends on Union’s political will, weakening dispute resolution.  
6. **Mahanadi Tribunal’s Institutional Mediation**: The ==Mahanadi Water Disputes Tribunal⟦1⟧== involving Odisha and Chhattisgarh, with central agencies like the Ministry of Jal Shakti, shows progress in cooperative dispute management.

**Way Forward**

7. **Strengthen Basin Governance and Data**: Integrated river basin authorities and transparent water data systems can reduce conflicts.  
8. **Empower Tribunals and Councils**: Grant stronger enforcement powers and utilize Inter-State Councils for dialogue and consensus-building.

**Conclusion**

Balanced Union-State relations and robust institutional mechanisms are key to resolving interstate water disputes and sustaining cooperative federalism.

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