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Statute review paper released -- Panel proposes separate study on water disputes

Our Bureau

NEW DELHI, July 6

THE National Commission to Review the Working of the Constitution proposes to make a separate study on the issues of inter-State water disputes and disagreements relating to inter-State activities such as trade and commerce.

At a press conference here today, the Chairman of the commission, Mr Justice M.N. Venkatachalaiah, released a consultation paper on constitutional mechanisms for the settlement of inter-State disputes for public debate. The paper deals with a variety of mechanisms for the settlement of inter-State disputes available under the Constitution.

It discusses the scope of Article 131 of the Constitution relating to the exclusive original jurisdiction of the Supreme Court in adjudicating disputes relating to issues involving legal rights between States or between the Government of India and any St ate/s.

At present, such jurisdiction does not extend if one of the parties to the cause is a non-governmental party. The paper also suggests extending the exclusive jurisdiction of such cases.

The paper suggests the amendment of Article 139A of the Constitution so as to delete specific conditions for the exercise of powers to withdraw cases from High Courts in case of litigation involving legislative competence of the Central legislature.

In other words, in case the legislative competence of a Central law is challenged in any High Court, the Supreme Court should be competent to withdraw and dispose the same by itself.

The paper refers to the Inter-State Water Disputes Act, 1956 as a mechanism evolved by Parliament as per the provisions of Article 262 of the Constitution for adjudicating disputes relating to waters of inter-State rivers. However, this being a larger qu estion, the Commission will make a separate study before final recommendations are made.