SYLLABUS

GS-2: Indian Constitution—Significant Provisions; Functions and Responsibilities of the Union and the States, Issues and Challenges Pertaining to the Federal Structure; Statutory, Regulatory and various Quasi-judicial Bodies. 

Context: The long-standing dispute between Odisha and Chhattisgarh over the sharing of waters of the Mahanadi River has recently intensified, with the Mahanadi Water Disputes Tribunal (MWDT) issuing a final opportunity to both states for amicable resolution.

More on the News

• The MWDT has given both states a final deadline (May 2026) to arrive at a mutually acceptable settlement, failing which it will deliver a binding verdict. 
• The tribunal has also criticised both states for repeated delays and adjournments, emphasising the need for cooperation and timely resolution. 
• Despite earlier indications of an amicable settlement, both states have been unable to agree on a water-sharing formula, bringing the dispute closer to final adjudication. 
• The Centre has extended the tribunal’s tenure to allow additional time for resolution, reflecting the complexity of the issue.

Key Issues in the Dispute

• Upstream–Downstream Conflict: Odisha contends that upstream projects reduce water flow during non-monsoon periods, while Chhattisgarh asserts its right to utilise water within its territory for development needs. 
• Water Availability and Utilisation Disputes: Disagreement persists over mean annual flow (MAF), current usage, and future demand projections, which are critical for determining equitable water sharing. 
• Data Sharing and Trust Deficit: Lack of credible and mutually accepted hydrological data has stalled negotiations, reflecting a deep trust deficit between the states. 
• Federal and Governance Challenges: The prolonged nature of the dispute highlights issues of delayed adjudication, coordination failures, and implementation uncertainty, even after tribunal awards.

Legal and Institutional Framework for Inter-State River Water Disputes

• Constitutional Provisions
  Under Article 262, Parliament is empowered to adjudicate inter-state river water disputes and may exclude the jurisdiction of courts in such matters.
  Under it, the Parliament has enacted the Inter-State River Water Disputes (ISWD) Act, 1956.  
• Inter-State River Water Disputes Act, 1956
  The Act provides for the constitution of ad-hoc tribunals such as the MWDT to resolve disputes between states.
  Tribunal awards are final and binding, and under Article 262(2) and Section 11 of the Act, the jurisdiction of the Supreme Court and High Courts is barred.
  Although a permanent tribunal mechanism was proposed in the Inter-State River Water Disputes (Amendment) Bill, 2019, the bill got lapsed in 2024 with the dissolution of the 17th Lok Sabha, and thus the existing system of case-specific tribunals continues.

SOURCES
Indian Express
The Hindu
Times Of India