Article 262 and the tribunal route for a dispute over an inter-State river

Background

Article 262 lets Parliament make a law for settling any dispute or complaint about the use, distribution or control of the waters of an inter-State river or river valley. It goes further and allows Parliament to provide that neither the Supreme Court nor any other court shall have jurisdiction over such a dispute. Parliament used that power in the Inter-State River Water Disputes Act, 1956. Under section 3 a State Government can ask the Centre to refer a water dispute to a tribunal where the other State's executive action or legislation, or its failure to exercise its powers over the waters, or its failure to implement an agreement about them, has affected or is likely to affect prejudicially the State's interests or those of its inhabitants. Section 4 says that where the Central Government is of the opinion that the dispute cannot be settled by negotiations, it must constitute a Water Disputes Tribunal by notification in the Official Gazette within a period not exceeding one year from the receipt of the request. The Tribunal has a Chairman and two other members, nominated by the Chief Justice of India from among persons who are then Judges of the Supreme Court or of a High Court. The Central Government can also appoint two or more assessors, in consultation with the Tribunal, to advise it. Section 11 bars the Supreme Court and every other court from any water dispute that can be referred to a Tribunal under the Act.