Polity Notes - 16
Inter-state water disputes:
Article 262 of the Constitution provides for the adjudication of inter-state water disputes.
Only Parliament is authorized to make law on Inter-state water distribution.
Neither the Supreme Court nor any other court is to exercise jurisdiction in respect of any such dispute. A river board is established by the Central government on the request of the state governments concerned to advise them. Using this provision Parliament inacted Inter-state water dispute act (1956) and created separate ad-hoc tribunals for adjudication of various water disputes. Central government to set up an ad hoc tribunal for the adjudication of a dispute.
Decision of the tribunal would be final and binding on the parties to the dispute.
So how SC intervene in such water disputes?
Special leave petition is a power of Supreme Court of India granted by Constitution Article 136. This article says that Supreme Court may, in its discretion, grant special leave to appeal from any judgment…
