Constitutional Provisions Related to Water and Integrated Planning and Management of a River Basin: A Review

Abstract

As per the constitutional provisions, water as a subject of development is listed essentially under State List, while the development of water in interstate river basins is listed under Union List. Often the reason for the failure to manage water appropriately is rested at the door of inappropriate constitutional provisions or the lack of them. While the current provisions do have their limitations, various interstate commissions set up from time to time have rejected the desirability of transferring water from State to the Union List. This article reviews all these provisions within the context of integrated planning and management of river basins. It is apparent that integrated planning at the river basin level can be undertaken within the existing framework, provided there is a political will to that effect. Certain gaps in the legal provisions that do exist need to be plugged as has been suggested within the National Framework Law as envisaged under the National Water Policy (2012). In order to achieve integrated planning and management of river basins, mechanisms have to be established in the form of river basin organization for sharing of data and information, enabling stakeholder’s participation and involving civil society organizations.