Introduction

Article 262 of the Indian Constitution plays a crucial role in the adjudication of disputes related to the waters of inter-state rivers or river valleys. Water is a precious resource, and conflicts over its distribution and usage can arise between states. To address such disputes, Article 262 provides a constitutional framework for resolving these conflicts in a fair and equitable manner. This article aims to explore the provisions and significance of Article 262 in the context of water disputes in India.

Understanding Article 262

Article 262 falls under Part XI of the Indian Constitution, which deals with the distribution of powers between the Union and the States. This article specifically focuses on the adjudication of disputes related to the waters of inter-state rivers or river valleys. It empowers the Parliament to enact laws for the adjudication of such disputes.

Key Provisions

1. Adjudication by Supreme Court: Article 262 empowers the 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 any inter-state river or river valley. The law made by Parliament in this regard may exclude the jurisdiction of all courts, except the Supreme Court, from the adjudication of such disputes. 2. Exclusive Jurisdiction: The Supreme Court has exclusive jurisdiction over water disputes arising between states. This ensures a uniform interpretation of laws and prevents conflicting judgments by different courts. 3. Appointment of Tribunal: The Parliament may also provide for the establishment of a tribunal for the adjudication of water disputes. The decision of such a tribunal shall have the same force as that of the Supreme Court.

Significance of Article 262

Article 262 is of great significance as it provides a constitutional framework for the resolution of water disputes between states. Some of the key reasons why Article 262 is important are:

1. Avoiding Inter-State Conflicts

Water disputes between states have the potential to escalate into inter-state conflicts. By providing a mechanism for the adjudication of such disputes, Article 262 helps in preventing conflicts and promoting cooperation among states. It ensures that disputes are resolved in a fair and equitable manner, thereby maintaining peace and harmony between states.

2. Equitable Distribution of Water Resources

India is a country with diverse geographical and climatic conditions, resulting in variations in water availability across different regions. Water disputes often arise due to the unequal distribution of water resources. Article 262 ensures that the distribution of water resources is based on principles of justice and equity, thereby promoting the overall development of all states.

3. Uniform Interpretation of Laws

By vesting exclusive jurisdiction in the Supreme Court, Article 262 ensures a uniform interpretation of laws related to water disputes. This helps in avoiding conflicting judgments by different courts, which could lead to confusion and further disputes. The Supreme Court's decisions serve as precedents and provide clarity on the legal aspects of water disputes.

4. Expert Adjudication

Water disputes often involve complex technical and scientific aspects. The establishment of a tribunal, as provided under Article 262, allows for the appointment of experts in the field of water management and hydrology. This ensures that disputes are adjudicated by individuals with the necessary expertise, leading to informed and well-reasoned decisions.

5. Protection of Interests of States

Article 262 safeguards the interests of states by providing a legal framework for the resolution of water disputes. It ensures that no state is deprived of its rightful share of water resources and prevents any undue advantage to one state over another. This helps in maintaining a balance between the competing interests of different states and promotes cooperative federalism.

Conclusion

Article 262 of the Indian Constitution plays a crucial role in the adjudication of disputes related to the waters of inter-state rivers or river valleys. By providing a constitutional framework for the resolution of water disputes, it ensures a fair and equitable distribution of water resources and prevents inter-state conflicts. The exclusive jurisdiction of the Supreme Court and the provision for the establishment of a tribunal ensure expert adjudication and uniform interpretation of laws. Article 262 is a significant tool in promoting cooperation and maintaining peace between states in matters relating to water resources.