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The history and origin of legislation in this field can be traced back to pre-independence era. In Government of India Act, 1919, irrigation was made a provincial subject while on the other hand matters affecting relations of one province with any other territory were under central legislature. Then in Government of India Act, 1935, attention was given on river disputes between different provinces.
Constitutional Mechanism and its Implementation
Legislative Mechanism and its implementation
Certain laws and statutes have been passed by the parliament to address the issue of water disputes.
A. Inter-State Water Dispute Act, 1956
B. River Boards Act, 1956
Judicial Involvement
Although judicial intervention is not allowed in this matter but over the years, several inter-State river water disputes have come up before the Supreme Court with reference to a variety of issues such as the competence of the Tribunal to deal with a request for an interim allocation, the non-implementation of an Order of the Tribunal and failures on the environmental and rehabilitation fronts.
The Cauvery cases are important in this regard because this paved the way for the involvement of the Supreme Court in inter-state water disputes, but without a constitutional mandate to do so the Supreme Court could not play an effective role. In 1990, one farmers association from Tamil Nadu moved to Supreme Court so that a tribunal can be formed on the river dispute between Tamil Nadu and Karnataka. On the order of Supreme Court a 3 member tribunal was formed in 1990. The Cauvery Water Disputes Tribunal (CWDT) was constituted by the Government of India on 2nd June 1990. Tribunal passed an interim order in June 1991, and final award in 2007.
By: Parveen bansal ProfileResourcesReport error
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