The proposal for setting up a standing tribunal for all Inter State River Water Disputes is at conceptual stage at present. The Punchi Commission on Centre State Relations has inter alia made following recommendation on water disputes:-
(i) The Tribunal should be a multidisciplinary body presided over by a Judge.
(ii) It should follow a more participatory and conciliatory approach.
(iii) The statute should prescribe a time limit for clarificatory or supplementary orders. Appeals to the Supreme Court should be prescribed under the statute; and in the long run; and Reference to a Tribunal should be invariably linked with constitution of inter-State River Boards charged with an integrated watershed approach towards inter-State rivers.
(iv) The initiating party must indicate the efforts it has made in resolution of its grievances before a River Board.
(v) The Government of India must indicate the stand it took before the Board and in case a Board has not been constituted the reasons for not having constituted one as well as the likely timeframe in case the process is underway.
These recommendations of Punchi Commission on Centre State Relations are under consideration of Inter State council.
The National Water Policy 2002 provides that the water sharing / distribution amongst the States should be guided by a national perspective with due regard to water resources availability and needs within the river basin.
The shares of the basin states in a river basin are normally decided either by agreement among the basin states or by decisions of a tribunal and are given effect to by themselves. In certain cases regulatory bodies with participation of representatives of the concerned basin states are also established to facilitate the implementation of terms of agreement /decision of Tribunal.
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