Mahanadi Water Dispute

Context:

The Mahanadi Water Disputes Tribunal (MWDT) has granted Odisha and Chhattisgarh more time to explore an amicable resolution to their long-standing river water sharing dispute.

Background of the Dispute

River: Mahanadi River, originating from Chhattisgarh and flowing through Odisha before draining into the Bay of Bengal.
Issue: Odisha alleges reduced water flow due to upstream projects in Chhattisgarh, affecting irrigation and ecology in its territory.
Initiation of Dispute: Odisha moved the Supreme Court in 2016; the matter was later referred to the Mahanadi Water Disputes Tribunal under the Inter-State River Water Disputes Act, 1956.

Mahanadi Water Disputes Tribunal (MWDT)

Constituted: 2018 by the Union Government under the Inter-State River Water Disputes Act, 1956.
Mandate: Adjudicate the dispute between Odisha and Chhattisgarh regarding water sharing, taking into account equitable apportionment principles.

Recent Development

Both States have indicated willingness to resolve the matter through bilateral talks under Union Jal Shakti Ministry
Proposal to form a joint committee led by the Central Water Commission (CWC) for facilitating negotiations.

Inter-State River Water Disputes Resolution

Constitutional Provision – Article 262

Clause (1): Parliament may by law provide for adjudication of inter-State river water disputes.
Clause (2): Parliament may provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of such disputes.

Legislations under Article 262

River Boards Act, 1956
- Objective: Establish River Boards for regulation and development of inter-State rivers and river valleys.
- Requires consultation with concerned States.
- Status: No River Board has been set up so far.

Inter-State River Water Disputes Act, 1956

Procedure:
- States approach Centre ? Centre attempts resolution via consultation.
- If unresolved ? Central Government constitutes a Water Disputes Tribunal.
Tribunal’s Award: Final and binding; SC cannot question Award but can review tribunal’s functioning.
2002 Amendment:
- Recommendations of Sarkaria Commission incorporated.
- Tribunal to give Award within 3 years (extendable by 2 years).
- Decision binding for 15 years unless amended.