Interstate River Water Disputes Act

The Interstate River Water Disputes Act, 1956 (IRWD Act) is an Act of the Parliament of India enacted under Article 262 of Constitution of India on the eve of reorganization of states on linguistic basis to resolve the water disputes that would arise in the use, control and distribution of an interstate river or river valley.  Article 262 of the Indian Constitution provides a role for the union government in adjudicating conflicts surrounding interstate rivers that arise among the state/regional governments.  This Act has been amended subsequently, with the most recent amendment in 2002. This Act has evolved from the laws which were extant during the British Raj.

River waters use / harnessing is included in states jurisdiction (entry 17 of state list, Schedule 7 of Indian Constitution). However, the union government with parliament approval can make laws on regulation and development of interstate rivers and river valleys to the extent such water resources are directly under its control when expedient in the public interest (entry 56 of union list, Schedule 7 of Indian Constitution). Damodar Valley Corporation, NHPC, River Boards Act 1956, etc under the control of the union government, are referable to Entry 56 of the union list. When union government wants to take over an interstate river project under its control by law (as provided in the constitution) from states per entry 56 of the union list, it has to take the approval of the riparian states' legislature assemblies before passing such bill in the Parliament per Article 252 of the constitution. The phrase 'by law' means all the applicable Articles of the Constitution shall be fulfilled/adhered. Otherwise, the rights of the Union per entries 53, 54 and 56 of the Union List are similar to a right given to the Union per the concurrent list. When public interest is served, President may also establish an interstate council as per Article 263 to inquire and recommend the dispute that has arisen between the states of India.

IRWD Act (section 2c2) validates the previous agreements (if any) among the basin states to harness the water of an interstate river/ river valley. This act is confined to states of India and not applicable to union territories. Only concerned state governments are entitled to participate in the tribunal adjudication and non-government entities are not permitted. Section 8 of this Act stipulates that no reference shall be made to a Tribunal of any dispute that may arise regarding any matter which may be referred to arbitration under the River Boards Act, 1956.

Any river water sharing treaty made with other countries, has to be ratified by the Parliament per Article 253 after deciding the share of the Indian riparian states per Article 262 to make the treaty constitutionally valid or enforceable by the judiciary as India follows dualist theory for the implementation of international treaties/laws. The Indian government has signed Indus Waters Treaty with Pakistan, Ganga water sharing treaty with Bangladesh, etc. without the ratification by the Parliament and the consent of the concerned riparian states per Article 252. In April 2025, India suspended unilaterally the Indus Waters Treaty while some disputes resolution proceedings of the Court of Arbitration (CoA) or Neutral Expert were ongoing. Implementation of any award rendered by an international tribunal/CoA against India can be challenged in the Indian Courts on the grounds that the treaty is not valid under the constitution of India since it was not formally ratified by the Parliament per Article 253 of the constitution.