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Constitutional Provisions Related to Water and Integrated Planning and Management of a River Basin: A Review

  • M. E. Haque
  • H. K. Varma
  • Avinash C. Tyagi
Chapter
Part of the Springer Water book series (SPWA)

Abstract

As per the constitutional provisions, water as a subject of development is listed essentially under State List, while the development of water in interstate river basins is listed under Union List. Often the reason for the failure to manage water appropriately is rested at the door of inappropriate constitutional provisions or the lack of them. While the current provisions do have their limitations, various interstate commissions set up from time to time have rejected the desirability of transferring water from State to the Union List. This article reviews all these provisions within the context of integrated planning and management of river basins. It is apparent that integrated planning at the river basin level can be undertaken within the existing framework, provided there is a political will to that effect. Certain gaps in the legal provisions that do exist need to be plugged as has been suggested within the National Framework Law as envisaged under the National Water Policy (2012). In order to achieve integrated planning and management of river basins, mechanisms have to be established in the form of river basin organization for sharing of data and information, enabling stakeholder’s participation and involving civil society organizations.

Keywords

Article 262 Constitutional provisions related to water River basin organizations Integrated planning and management National Framework Law 

Notes

Acknowledgement

The view expressed in this paper is authors’ personal. Thanks are extended to the colleagues for their valuable support during the preparation of this manuscript.

References

  1. Central Water Commission (1993) Ambedkar’s Contribution to Water Resources Development, Ministry of Water Resources, New Delhi. Available at www.mowr.gov.in
  2. Government of India (1988) Report of the Commission on Centre State Relation. Sarkaria Commission Report, Inter-State Council Secretariat, Ministry of Home Affairs, New Delhi. Available at interstatecouncil.nic.in.Google Scholar
  3. Government of India (2010) Report of the Commission on Centre - State Relation, Punchhi Commission Report, Inter-State Council Secretariat, Ministry of Home Affairs, New Delhi. Available at interstatecouncil.nic.inGoogle Scholar
  4. Government of India (2011) Report of the committee on Allocation of natural Resources, Chapter 10 -Water Recommendation 34 http://www.cutsccier.org/pdf/Report_of_the_Committee_on_Allocation_of_Natural_Resources.pdf
  5. Ministry of Water Resources (1999) Report of the National Commission for Integrated Water Resources Development (Volume I), Govt of India, New Delhi. Available at www.mowr.gov.in
  6. Ministry of Water Resources (2012) National Water Policy, Government of India, New Delhi. http://mowr.gov.in/sites/default/files/NWP2012Eng6495132651_1.pdf
  7. Voorduin ML (1944) Preliminary Memorandum on Unified Development of the Damodar River, Damodar Valley Corporation. Available at dvc.org.in

Copyright information

© Springer Nature Singapore Pte Ltd. 2019

Authors and Affiliations

  • M. E. Haque
    • 1
  • H. K. Varma
    • 2
  • Avinash C. Tyagi
    • 3
  1. 1.Former Member, Central Water CommissionGovernment of IndiaNew DelhiIndia
  2. 2.Executive Director, International Commission on Irrigation and DrainageNew DelhiIndia
  3. 3.Former Secretary General, International Commission on Irrigation and DrainageNew DelhiIndia

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