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Consider the following related to position of ‘Water’ in Indian Constitution.
1. The provision for water being in the Union, State and Concurrent List is the major bone of contention in present day Inter-Water dispute.
2. Article 262 deals with adjudication of disputes relating to waters of inter State Rivers or river valleys.
3. Indian Constitution explicitly grants parliament the right to legislate over the matters in Entry 56, and also gives it primacy over the Supreme Court.
Which of the above statements is/are correct?
1&3 only
1&2 only
2&3 only
All the above
WATER in Indian constitution (not in Concurrent List)
Article 262- Adjudication of disputes relating to waters of inter State Rivers or river valleys Parliament may by law provide for the adjudication of 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 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) Coordination between States The provision under Entry 17-State List, makes water a state subject, however, the second provision via Entry 56 in the Union List allows regulation and development of water under the control of the Union declared by parliament to be expedient in the public interest. Further, Article 262 explicitly grants parliament the right to legislate over the matters in Entry 56, and also gives it primacy over the Supreme Court. While water supplies, irrigation and canals, drainage and embankments and storage fall in the State List, issues like development of inter-state rivers come under the Union List.
By: Shubham Tiwari ProfileResourcesReport error
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