A violent clash over border issues between Assam and Mizoram was witnessed in August 2021. The dispute even involved firings by Police from both the sides. Recently the issues related to Mullaperiyar Dam, a dispute between Kerala and Tamilnadu, were also heard by the Supreme Court. Apart from these two specific instances, numerous inter-state disputes exist between the Indian States.
A proper understanding of inter-state
disputes cannot be achieved without discussing the meaning of the term
‘dispute’ especially in a legal context. Generally, the dispute involves
conflict or controversy between parties. On a similar note, the Black’s Law
Dictionary defines a dispute as “an assertion of a right, claim, or
demand on one side, met by contrary claims or allegations on the other”[1]. In
the Indian context, Justice RS Bachawat has also defined the meaning of dispute
in the following terms: “…there can only be a dispute
when a claim is asserted by one party and denied by the other on whatever
grounds.”[2]
Consequently, a dispute arises when a party
claims or asserts something and the same has been denied by the other. It is a
conflict of legal interests or views.[3]
Consequently, inter-state disputes mean assertion or claim by one of the States
and denial of it by another. Further, it excludes disputes arising between the
Union and the State.
Though there are several reasons giving
rise to an inter-state dispute, considering the specific nature of constituent
units of India, wherein they share their borders, languages, and water, it is
natural to have disputes over the issues of boundaries, languages, and sharing
of water. The framers of the Indian Constitution were able to anticipate them
and as a result provided mechanisms for their resolution.
These mechanisms have been provided under Articles 131, 262, and 263. Article 131 confers original and exclusive jurisdiction on the Supreme Court in disputes involving legal rights between two or more States. According to the language of Article 131, such disputes must “involve any question (whether of law or fact) on which the existence or extent of a legal right depends”[4]. As per judicial interpretations, a ‘legal right’ in the Article involves an interest that has been recognized, protected and that can be enforced by legal means. Consequently, Inter-State disputes that are political in nature are excluded from the purview of it. One of the advantages of Article 131 is that it is not confined to specific kinds of disputes and can be applied to different kind of disputes involving legal rights. Unlike Article 262 which is specific to inter-state water disputes, Article 131 can be used to decide various disputes. However, disputes specifically excluded from the purview of the Supreme Court cannot be brought under Article 131. For example, a dispute under Article 262 cannot be decided using Article 131.
Article 262 deals with specific inter-state disputes related only to rivers and river valleys. A specific legislation ‘Inter-State Water Disputes Act, 1956’ was also enacted to resolve disputes relating to the sharing of water among the states. Under Section 4 of the Act, the Central Government can constitute a Water Dispute Tribunal for the adjudication of disputes. The Tribunal consists of a Chairman and two members. Finally, Article 263 provides for the establishment of Inter-State Council to “inquire into and advise upon disputes which may have arisen between the States”.
Apart from Inter-State Council, Zonal Councils were also created under Part III of the State Re-Organisation Act, 1956. As of now, there are five zonal councils and these are Northern Zonal Council, Central Zonal Council, Eastern Zonal Council, Western Zonal Council, Western Zonal Council. Further, there is also a North Eastern Council for the North-Eastern States of India to augment concerted efforts towards their development. This Council has been established under North Eastern Council Act, 1971. There is also a National Integration Council created in 1961 by Jawahar Lal Nehru in the aftermath of National Integration Conference. However, no meetings have been held under it for the last 8 years.
List of Inter-State Water Disputes
Serial No.
Name of Tribunal
Constitution Date of
Tribunal
States Concerned
1
Ravi & Beas Water Tribunal
April, 1986
Punjab, Haryana and Rajasthan
2
Krishna Water Disputes Tribunal -II
2nd April, 2004
Karnataka, Telengana, Andhra Pradesh and
Maharashtra
3
Vansadhara Water Disputes Tribunal
24th February, 2010
Andhra Pradesh & Odisha
4
Mahadayi Water Disputes Tribunal
16th November, 2010
Goa, Karnataka and Maharashtra
5
Mahanadi Water Disputes Tribunal
12th March, 2018
Odisha and Chhattisgarh
List of Inter-State Border Disputes
Serial No.
States Concerned (Border Dispute)
1
Andhra Pradesh-Odisha
2
Haryana-Himachal Pradesh
3
Maharashtra-Karnataka
4
Assam-Arunachal Pradesh
5
Assam-Nagaland
6
Assam-Meghalaya
7
Assam-Mizoram
*The Author has completed his B.A LL.B (Hons.) from National Law School of India University Bengaluru, and LL.M from National Law Institute University, Bhopal
Disclaimer: The views, thoughts, and opinions expressed in the text belong solely to the author and not to the Jurisedge Academy.
Readers may submit his/her blog for publication. Click Here or Scan the QR Code to submit your Manuscript.
[1] Henry Campbell Black, ‘Black’s Law Dictionary’ 558.
[2] RS Bachawat, Law of Arbitration and Conciliation (LexisNexis
2005).
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– Vishwanath Rajput*
A violent clash over border issues between Assam and Mizoram was witnessed in August 2021. The dispute even involved firings by Police from both the sides. Recently the issues related to Mullaperiyar Dam, a dispute between Kerala and Tamilnadu, were also heard by the Supreme Court. Apart from these two specific instances, numerous inter-state disputes exist between the Indian States.
A proper understanding of inter-state disputes cannot be achieved without discussing the meaning of the term ‘dispute’ especially in a legal context. Generally, the dispute involves conflict or controversy between parties. On a similar note, the Black’s Law Dictionary defines a dispute as “an assertion of a right, claim, or demand on one side, met by contrary claims or allegations on the other”[1]. In the Indian context, Justice RS Bachawat has also defined the meaning of dispute in the following terms: “…there can only be a dispute when a claim is asserted by one party and denied by the other on whatever grounds.”[2]
Consequently, a dispute arises when a party claims or asserts something and the same has been denied by the other. It is a conflict of legal interests or views.[3] Consequently, inter-state disputes mean assertion or claim by one of the States and denial of it by another. Further, it excludes disputes arising between the Union and the State.
Though there are several reasons giving rise to an inter-state dispute, considering the specific nature of constituent units of India, wherein they share their borders, languages, and water, it is natural to have disputes over the issues of boundaries, languages, and sharing of water. The framers of the Indian Constitution were able to anticipate them and as a result provided mechanisms for their resolution.
These mechanisms have been provided under Articles 131, 262, and 263. Article 131 confers original and exclusive jurisdiction on the Supreme Court in disputes involving legal rights between two or more States. According to the language of Article 131, such disputes must “involve any question (whether of law or fact) on which the existence or extent of a legal right depends”[4]. As per judicial interpretations, a ‘legal right’ in the Article involves an interest that has been recognized, protected and that can be enforced by legal means. Consequently, Inter-State disputes that are political in nature are excluded from the purview of it. One of the advantages of Article 131 is that it is not confined to specific kinds of disputes and can be applied to different kind of disputes involving legal rights. Unlike Article 262 which is specific to inter-state water disputes, Article 131 can be used to decide various disputes. However, disputes specifically excluded from the purview of the Supreme Court cannot be brought under Article 131. For example, a dispute under Article 262 cannot be decided using Article 131.
Article 262 deals with specific inter-state disputes related only to rivers and river valleys. A specific legislation ‘Inter-State Water Disputes Act, 1956’ was also enacted to resolve disputes relating to the sharing of water among the states. Under Section 4 of the Act, the Central Government can constitute a Water Dispute Tribunal for the adjudication of disputes. The Tribunal consists of a Chairman and two members. Finally, Article 263 provides for the establishment of Inter-State Council to “inquire into and advise upon disputes which may have arisen between the States”.
Apart from Inter-State Council, Zonal Councils were also created under Part III of the State Re-Organisation Act, 1956. As of now, there are five zonal councils and these are Northern Zonal Council, Central Zonal Council, Eastern Zonal Council, Western Zonal Council, Western Zonal Council. Further, there is also a North Eastern Council for the North-Eastern States of India to augment concerted efforts towards their development. This Council has been established under North Eastern Council Act, 1971. There is also a National Integration Council created in 1961 by Jawahar Lal Nehru in the aftermath of National Integration Conference. However, no meetings have been held under it for the last 8 years.
List of Inter-State Water Disputes
List of Inter-State Border Disputes
*The Author has completed his B.A LL.B (Hons.) from National Law School of India University Bengaluru, and LL.M from National Law Institute University, Bhopal
Disclaimer: The views, thoughts, and opinions expressed in the text belong solely to the author and not to the Jurisedge Academy.
Readers may submit his/her blog for publication. Click Here or Scan the QR Code to submit your Manuscript.
[1] Henry Campbell Black, ‘Black’s Law Dictionary’ 558.
[2] RS Bachawat, Law of Arbitration and Conciliation (LexisNexis 2005).
[3] CH Schreuer, ‘What Is a Legal Dispute?’ (2009) 6 Transnational Dispute Management (TDM) <https://www.transnational-dispute-management.com/article.asp?key=1356> accessed 25 March 2022.
[4] Article 131, The Constitution of India, 1950.
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