A massive controversy erupted with respect to the Mahanadi water dispute in Odisha over Chhattisgarh’s release of Mahanadi water into lower catchment of the river system.
Mahanadi Water Dispute
- Odisha accused the neighbouring State of attempting to mislead the Mahanadi Water Disputes Tribunal led by Supreme Court Justice A.M. Khanwilkar.
- According to Odisha, Chhattisgarh has opened 20 gates at Kalma Barrage through which 1,000-1,500 cusecs of water is flowing into Mahanadi in Jharsuguda district – a rarity as Chhattisgarh hardly releases water during non-monsoon season.
- Odisha has long been objecting Chhattisgarh’s management of Mahanadi River water in upper catchment.
- During past couple decades, Chhattisgarh has built several barrages restricting flow of water in lower catchment (Odisha).
- The non-availability of water in Mahanadi during non-monsoon season has affected Rabi crops and worsened drinking water.
Background of Mahanadi Water Dispute
- Following a complaint filed by Odisha with the Ministry of Jal Shakti under Section 3 of the lnter-State River Water Disputes (ISRWD) Act, the Mahandi Water Disputes Tribunal was formed in March 2018.
- The tribunal has been asked to submit its report by December 2025.
- There is no inter-State agreement between Odisha and Chhattisgarh regarding Mahanadi basin water allocation.
- Mahanadi, the sixth largest river in India, travels 357 km in Chhattisgarh and 494 km in Odisha before flowing into the Bay of Bengal.
Water in the Constitution of India
- Water is a State subject as per entry 17 of the State List and thus states are empowered to enact legislation on water.
- Entry 17 of State List deals with water i.e. water supply, irrigation, canal, drainage, embankments, water storage and water power.
- Entry 56 of Union List empowers the Union Government for the regulation and development of inter-state rivers and river valleys to the extent declared by Parliament to be expedient in the public interest.
- Article 262 of the Indian Constitution provides a role for the Central government in adjudicating conflicts surrounding inter-state rivers that arise among the state/regional governments.
Inter-State River Water Disputes Resolution
- As per Article 262, the Parliament has enacted the following:
- River Board Act, 1956
- Inter-State Water Dispute Act, 1956
- Supreme Court shall not question the Award or formula given by tribunal, but it can question the working of the tribunal
Inter-State Water Dispute Act, 1956
- It aims to resolve the water disputes that would arise in the use, control and distribution of an interstate river or river valley.
- According to its provisions, if a State Government makes a request regarding any water dispute and the Central Government is of opinion that the water dispute cannot be settled by negotiations, then a Water Disputes Tribunal is constituted for the adjudication of the water dispute.
- This act is confined to states of India and not applicable to union territories.
- Only concerned state governments are entitled to participate in the tribunal adjudication and non-government entities are not permitted.
Amendment To The 1956 Act In 2002
- An amendment was enacted to the Inter-State Water Disputes Act in 2002 which brought about a few changes such as:
- The tribunal has to be constituted within one year of the request.
- The tribunal should give the award within 3 years and in some exceptional cases, within 5 years.
- If the award is not immediately implemented, the concerned parties can seek clarification within three months.
- The tribunal award will have the same force as an order or decree of the Supreme Court. The award is final and above the SC’s jurisdiction
- However, the states could still approach SC through Article 136 (Special Leave Petition)
River Board Act, 1956
- The purpose of this Act was to enable the Union Government to create Boards for Interstate Rivers and river valleys in consultation with State Governments.
- The objective of Boards is to advise on the inter-state basin to prepare development schemes and to prevent the emergence of conflicts.
- Till date, no river board as per the above Act has been created.
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