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A Critical Analysis On Inter- State River Water Disputes: Consititutional And Legal Perspectives


Archana Nair, LLM, School of Law, Christ (Deemed to be University), Bengaluru


ABSTRACT


Water is one of the primary sources of life and it is this essentiality that often leads to it becoming the bone of contention amongst several Indian states in turn leading to interstate water disputes. The paper herein attempts to analyse the nature of interstate water disputes and why they seem to be unresolvable despite a law that is in place indicating to the fact that the law laid down is indeed ill equipped to resolve an issue that seems to be a standoff for several centuries. The researcher contends that disputes have not been resolved through negotiations amongst the riparian states. It is the unenforceability of the tribunal awards, shortcoming of the tribunal and the exclusion of the jurisdiction of the Supreme Court that are the major reasons for the delay and lack of substantial decisions being rendered in the case of interstate water disputes in turn leading to these provisions being mere letters and not in tune with changing scenarios. It is these aspects that are traversed by the researcher in this piece of writing with the intention of putting forth valuable suggestions to better the same.


Keywords: Inter-state water disputes, India, Constitutional perspective, Tribunals, shortcomings



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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