Water in Indian Constitution

The Constitution of India lays down the legislative and functional jurisdiction of the Union, State and local Governments regarding 'Water'. 

'Water' is basically a State subject and the Union comes in only in the case of inter- state river waters.

List II of the Seventh Schedule, dealing with subjects regarding which states have jurisdiction, has the following as Entry 17 : "Water, that is to say, water supplies, irrigation and canals, drainage and embankments, water storage and water power subject to the provisions of Entry 56 of List I 

Entry 56 of List I (Union list), reads as follows: "Regulation and development of inter- state rivers and river valleys to the extent to which such regulation and development under the control of the Union, is declared by Parliament by law to be expedient in the public interest".

The Constitution has a specific article (Article 262), dealing with adjudication of disputes relating to matters of inter- state rivers or river valleys, which reads as follows: 

Article 262 

1. Parliament may by law provide for the adjudication on 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.
2. 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).

The recent 1992 amendments to the Constitution regarding Panchayats and Municipalities introduced the following entries in the schedules listing the subject-areas in which the State Governments and legislatures may devolve functions to such bodies, so as to make them evolve as local self-governing institutions: 

In the Eighth Schedule (Part IX) dealing with Panchayats, the subjects, ''Minor irrigation, Water management and Watershed development", "drinking water" and "maintenance of community assets" are listed.

In the Twelfth Schedule (Part IX A) dealing with municipalities, the subjects "water supply of domestic, industrial and commercial purposes" is listed. Functional responsibilities are, thus, visualised for local Governments in respect of several aspects of water use.

The two laws enacted by the Union under Article 262 and Entry 56 of List I are the Inter-State Water Disputes Act, 1956 (as amended up to 1980) and the River Boards Act, 1956. 

In recent years since the Constitution does not have an entry relating to 'Environment', using the residual powers, the Union has enacted laws on environment and control of pollution, which have effect on water use including ground water and its exploitation. A large number of Acts dealing with irrigation, canals and their maintenance, water rates and cess, command area development and maintenance of tanks are in force in each state. Some of the Acts are as old as the 1860s and 70s.