A+| A| A-

Time for Acceptance

Time for Acceptance The declaration of the final order of the Cauvery Tribunal after 17 years of proceedings is a matter for enormous relief, and a further relief is that it has been an unanimous order, dispelling earlier apprehensions of a divided verdict.

The adjudication process can be criticised on many grounds: adjudication is not the best way to settle such disputes; it is adversarial and divisive; it is dilatory; it leaves one or more parties dissatisfied; the allocation of “shares” to the riparian states is not the best means of dealing with a river system which is an integrated whole; tribunals set up under the Inter-State Water Disputes Act 1956 (ISWD Act) tend to confine themselves to dealing with the river, ignoring groundwater; and so on. Undoubtedly, surface water and groundwater are related, but dealing with the totality of water resources is an enormously complicated task that an ISWD Tribunal cannot undertake: it must be left to a national commission, and we had one in 1996-99. However, disputes do arise over river waters and they need to be dealt with; that is what an ISWD Tribunal does. When protracted negotiations over the sharing of river waters fail, as they did in this case, the dispute still needs to be resolved and Article 262 of the Constitution and the ISWD Act provide a last resort means of doing this: this is an important feature of Indian federalism.

To read the full text Login

Get instant access

New 3 Month Subscription
to Digital Archives at

₹826for India

$50for overseas users

Comments

(-) Hide

EPW looks forward to your comments. Please note that comments are moderated as per our comments policy. They may take some time to appear. A comment, if suitable, may be selected for publication in the Letters pages of EPW.

Biden’s policy of the “return to the normal” would be inadequate to decisively defeat Trumpism.

*/ */

Only a generous award by the Fifteenth Finance Commission can restore fiscal balance.

*/ */

The assessment of the new military alliance should be informed by its implications for Indian armed forces.

The fiscal stimulus is too little to have any major impact on the economy.

The new alliance is reconfigured around the prospect of democratic politics, but its realisation may face challenges.

A damning critique does not allow India to remain self-complacent on the economic and health fronts.

 

The dignity of public institutions depends on the practice of constitutional ideals.

The NDA government’s record in controlling hunger is dismal despite rising stocks of cereal.

 

Caste complacency of the ruling combination necessarily deflects attention from critical self-evaluation.

Rape atrocities tragically suggest that justice is in dire need of egalitarian commitment by every citizen.

Back to Top