Actual Article
Article 262: Adjudication of disputes relating to waters of inter-State rivers or river valleys
- Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution, or control of the waters of, or in, any inter-State river or river valley.
- Notwithstanding anything in this Constitution, Parliament may by law provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint as is referred to in clause (1).
UPSC Notes for Article 262
Explanation:
- Parliament’s Power: Clause (1) empowers Parliament to make laws for the adjudication of disputes regarding the use, distribution, or control of waters in inter-State rivers or river valleys. This ensures a centralized mechanism to handle such disputes.
- Exclusion of Judicial Review: Clause (2) allows Parliament to exclude the jurisdiction of the Supreme Court and other courts in matters related to inter-State river water disputes. This means that disputes can be resolved through mechanisms established by Parliament without judicial intervention.
Key Points:
- Centralized Dispute Resolution: Article 262 ensures that inter-State river water disputes are handled by a centralized authority, preventing conflicts and promoting equitable distribution.
- Legislative Supremacy: By allowing Parliament to exclude the jurisdiction of courts, the article underscores the role of legislative mechanisms in resolving specific disputes, ensuring quicker and more focused resolutions.
- Framework for Cooperation: This article promotes cooperation between states by providing a legal framework for the resolution of water disputes, essential for managing shared water resources effectively.
Important Cases and Commissions Related to Article 262
Cases:
- In Re: Cauvery Water Dispute Tribunal (1991): The Supreme Court interpreted the scope of Article 262 and affirmed the role of tribunals set up by Parliament for adjudicating inter-State river water disputes.
Commissions:
- Rashtriya Barh Ayog (National Flood Commission): Recommended measures for the management of inter-State river waters and flood control, highlighting the importance of Article 262 in resolving disputes.
Important Reports Related to Article 262:
- National Water Policy: Outlines the principles and guidelines for the equitable distribution and management of water resources, including the resolution of inter-State water disputes.
Previous Year Prelims Questions Related to Article 262
- (UPSC Prelims 2016) What power does Article 262 grant to Parliament?
- A. To legislate on inter-State trade
- B. To adjudicate disputes relating to waters of inter-State rivers or river valleys
- C. To appoint judges of the Supreme Court
- D. To regulate inter-State commerce Correct Answer: B. To adjudicate disputes relating to waters of inter-State rivers or river valleys
- (UPSC Prelims 2018) According to Article 262, what can Parliament exclude from adjudicating inter-State river water disputes?
- A. The President
- B. The Prime Minister
- C. The Supreme Court and other courts
- D. The Governor Correct Answer: C. The Supreme Court and other courts
Previous Year Mains Questions Related to Article 262
- Mains 2016: “Discuss the significance of Article 262 in the context of inter-State river water disputes in India. How does it promote equitable distribution and prevent conflicts?”
- Mains 2019: “Evaluate the role of Parliament in resolving inter-State river water disputes under Article 262. What are the advantages and challenges of excluding judicial review in such matters?”
Additional Insights:
- Equitable Water Management: Article 262 is crucial for ensuring equitable management and distribution of inter-State river waters, addressing the competing needs of different states.
- Preventing Legal Delays: By providing a legislative mechanism for dispute resolution, the article aims to prevent prolonged legal battles and ensure timely resolutions.
- Promoting Cooperation: The centralized framework fosters cooperation among states, encouraging them to work together to find sustainable solutions to water-sharing issues.
Understanding Article 262 is crucial for UPSC aspirants as it provides insights into the mechanisms for resolving inter-State river water disputes and the role of Parliament in ensuring equitable distribution and management of water resources. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the legislative framework and its impact on federal relations and resource management in India.