The power of Parliament to provide by law for the adjudication of disputes relating to the waters of inter-state rivers and river valleys is given by:

Article 262 empowers Parliament to provide by law 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.

Exclusion of the courts:

Article 262(2) allows Parliament to provide by law that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of such disputes.

Laws made under Article 262:

• The River Boards Act, 1956, for setting up river boards for the regulation and development of inter-state rivers (though no board has actually been set up under it).
• The Inter-State River Water Disputes Act, 1956, which provides for the setting up of tribunals to decide water disputes between states.
• The decision of a tribunal, after it is published in the official gazette, has the same force as an order of the Supreme Court.

Important water dispute tribunals:

• The Krishna Water Disputes Tribunal (between Maharashtra, Karnataka, Andhra Pradesh and Telangana).
• The Godavari Water Disputes Tribunal.
• The Narmada Water Disputes Tribunal (between Gujarat, Madhya Pradesh, Maharashtra and Rajasthan).
• The Ravi and Beas Water Tribunal (between Punjab, Haryana and Rajasthan).
• The Cauvery Water Disputes Tribunal (between Karnataka, Tamil Nadu, Kerala and Puducherry); its final award was given in 2007, and later modified by the Supreme Court.
• The Mahadayi (Mandovi) Water Disputes Tribunal (between Goa, Karnataka and Maharashtra).

Problems:

• Many water disputes have taken decades to be resolved, and states have sometimes refused to accept the awards.
• The Inter-State River Water Disputes (Amendment) Bill has been proposed to set up a single permanent tribunal and to speed up the process.

Water as a subject:

Water (water supplies, irrigation, canals, drainage, embankments and water storage) is a state subject, but it is subject to the Union List entry on the regulation and development of inter-state rivers and river valleys.

Why not the other options?

• ✗Article 263 deals with the Inter-State Council; Article 246 with the distribution of legislative powers; Article 253 with legislation for giving effect to international agreements.