In India, during the British rule, the inter-state or inter-province water disputes were settled through the Central government because the irrigation projects were virtually under the Central government. However, in 1937, under the Government of India Act of 1935, irrigation was transferred within the sole legislative jurisdiction of the provinces21.

The Central government was not responsible for irrigation and water development in various states. The concern of the Centre was to settle inter-state water disputes through mutual negotiations leading to an agreement. The matter was kept out of the federal courts and was to be settled by the Governor General with the assistance of an expert commission under this rule, the Governor General of India appointed the Indus Commission in 1941 to settle the dispute between Punjab and Sind over sharing the Indus water.

The Commission applied the principle of equitable apportionment to settle the dispute. The Republic of India upon adopting its Constitution, left irrigation to be state subject water is a state subject and the state “governments at present virtually exercise full control on planning, development, regulation, distribution and control of water flowing through their territories.

But the Central government coordinates all irrigation and power projects through the Ministry of Agriculture and Irrigation (previously known as the Ministry of Irrigation and Power); the Central Water and Power Commission attached to the Ministry of Agriculture and Irrigation; the Central Water Commission with the coordination of State governments; and the Central Board of Irrigation and Power, which conducts research on various subjects related to irrigation and have stations in different parts of the country.

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The Central government also indirectly influences the settlement of disputes among various states by means of controlling the federal funds. In theory, the Constitution has listed irrigation as a state subject yet it is the Centre, which practices a dominant role through its financial power in settling inter-state disputes and allowing development projects through its budget allocations. States are practically dependent on the Centre for the financing of the irrigation projects.

The Central government has developed a systematic functioning of development projects through the Control Boards, construct, implement and supervise various river valley projects and even day-to-day functioning of these projects: The Bhakra-Nangal Management Board (involving the states of Punjab, Haryana, Rajasthan, Delhi and Himachal Pradesh), Tungabhadra Control Board (Andhra Pradesh and Karnataka), Rajasthan Canal Board (Rajasthan and Punjab), Chambal Control Board (Rajasthan and Madhya Pradesh), Gandak Control Board (Bihar and Uttar Pradesh) and Parabikulam Aliyar (Tamil Nadu and Kerala).

Besides, there are single state boards controlling one river or a project, such as Nagarjunasagar and Pochampad (Andhra Pradesh); Kosi (Bihar); Kakapara, Ukai and Mahi (Gujarat); Bhadra, Upper Krishna, Ghataprabha, and Malaprabha (Karnataka); Tawa (Madhya Pradesh); Bhima and Jayakwadi (Maharashtra); Hirakund and Mahanadi Delta Scheme (Orissa); Sarda Sahayak and Ramganga (Uttaranchal); and Farakka, Mayurakshi, and Gangsabati (West Bengal). There are also river valley authorities established like the Damodar Valley Authority (West Bengal and Bihar), and Cauvery Authority. These authorities are established on the same pattern as the Tennessee Valley Authority in the United States.

For the settlement of inter-state water disputes, the Draft Constitution of India virtually contained identical provisions as the Government of India Act, 1935. But Article 262 was adopted with a view to increase irrigation and power potential in independent India and exploits the inter­state rivers of their full potential.

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The article empowers the Parliament to provide for the adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of, or in any inter-state river or river valley and to bar the jurisdiction of the Supreme Court or any other court in respect of such disputes24. In accordance with this provision, the Parliament has enacted the inter-state water Dispute Act, 1956. The Act provides for the constitution of a tribunal by the Central Government for the settlement of an inter-state water dispute when a request is received from a state government and when the Central Government is of the opinion that the dispute cannot be settled by negotiations.

It provided that a one-man tribunal be appointed from among judges of the Supreme Court or a High Court, sitting or retired, nominated by the Chief Justice of India. The provision is amended to increase membership of the tribunal to three sitting judges of the Supreme Court or High Court26. The central government has also been given the responsibility of: regulation and development of inter-state rivers and river valleys to the extent to which such regulation and development under the control of the Union is declared by the Parliament by law to be expedient in the public interest.

The Parliament has also enacted The River Board Act, 1956, which authorizes the Central Government to constitute river boards with consultation of the state governments for regulation and development of inter-state rivers Krishna, Godavari and Narmada. The Government of India formed rules on June 30, 1959. To settle inter-state water disputes. It is laid down that where the government of a state desires to refer any water dispute to a tribunal for adjudication, it should address the Secretary of the Government of India, Ministry of Irrigation Power, and give particulars of the dispute.

The tribunal for such a dispute would require the parties to nominate representatives to present their case before it within a specific time in a prescribed form. If one of the parties fails to nominate a representative or the representative does not appear before the tribunal, a decision might be given in his absence by the tribunal.

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On March 22, 1962, the Centre announced for establishing nine River Boards for the Mahanadi, Tapti, Mahi, Krishna-Godavari, Satlaj, Beas- Ravi, Yamuna, Cauvery and Ajoy basins. The Boards were designed to, help in controlling and regulating the supply of the inter-state rivers for optimum utilization and dealing effectively with the problems of irrigation, Hydel power generation, flood control, soil conservation, drainage, and navigation etc.

Some of the river water disputes in India which delayed the utilization and management of water resources in the country. Many of these disputes have been settled by the mutual agreements between rival states and the Central Government is anxious to take up plans for comprehensive utilization of river water resources.