Q21.Constitutional mechanisms to resolve the inter-state water disputes have failed to address and solve the problems. Is the failure due to structural or process inadequacy or both? Discuss.

Inter-state water disputes, governed by Article 262 and the Inter-State Water Disputes Act, 1956, are critical for cooperative federalism. However, existing mechanisms have largely failed to provide timely and effective resolutions.

Structural Inadequacies

• Ad-hoc nature of tribunals, causing delays in formation and award notification.
• Absence of a permanent body for continuous dispute resolution.
• Lack of a robust national data collection and sharing mechanism.

Process Inadequacies

• Lack of political will and commitment from states.
• Judicial delays and prolonged litigation.
• Non-compliance by states with tribunal awards.
• Emotional and regional sentiments overriding rational solutions and creating enforcement challenges.

The failure is thus attributable to both structural flaws and operational process issues. Prolonged disputes hinder development and foster inter-state friction. A permanent tribunal, clear timelines, a national water data bank, and promoting cooperative federalism are essential for effective resolution.