RESOLVING INTER-STATE WATERS DISPUTE IN INDIA WITH PARTICULAR REFERENCE TO CAUVERY WATERS: AN ANALYSIS
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Abstract
The political structure of India is federal in nature in which powers between Central and States are divided. India has unique geographical system. The southern part of India is called as peninsular and northern part of India has world’s highest mountain ranges. India has few International Rivers and several inter-State rivers and river valleys. The framers of the Constitution visualized inter-State waters dispute may be arisen in future that is why the Constitutional mechanism for resolving inter-State rivers and river valleys has been provided under Art.262 of the Constitution. This article has empowered the Parliament to enact laws for resolving inter-State waters disputes and also prohibited the jurisdiction of Supreme Court of India and other Courts within the territory of India. The Inter-State Waters Dispute Act, 1956 and River Boards Act, 1956 were enacted by virtue of Art.262. The Inter-State Waters Disputes Act, 1956 has inter-State waters dispute mechanism under section 4. This research paper analysis the historical background, Constitutional aspects of resolving mechanism in general and Inter-State waters dispute resolving mechanism under Inter-State Water Disputes Act, 1956 and Cauvery Waters Dispute Tribunal (CWDT) Award and its binding in particular.
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