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Contextualise the water and territorial disputes in relation to federalism in India

Water and territorial disputes in India are closely intertwined with the principles of federalism due to the distribution of powers and responsibilities between the central government and the states.

Here’s how these issues are contextualized within India’s federal structure:

  1. Constitutional Framework: India’s Constitution delineates the distribution of powers between the central government and the states through various lists—Union List, State List, and Concurrent List. Water, being a subject that falls under Entry 17 of the State List, is primarily the responsibility of the states. However, interstate rivers and river valleys are under the purview of the central government, as per Entry 56 of the Union List. This division of powers often leads to conflicts between states and the central government over water management and allocation.
  2. Interstate River Water Disputes: India has several interstate river water disputes, such as the Cauvery water dispute between Karnataka and Tamil Nadu, the Mahadayi river dispute between Goa, Karnataka, and Maharashtra, and the Krishna river dispute between Andhra Pradesh, Karnataka, and Maharashtra. These disputes arise due to competing claims over water resources and differing priorities in water allocation. The central government plays a crucial role in mediating these disputes through mechanisms like tribunals (e.g., the Cauvery Water Disputes Tribunal) and facilitating negotiations between the concerned states.
  3. Territorial Disputes: India also faces territorial disputes between states, such as the boundary dispute between Assam and Nagaland, the boundary dispute between Assam and Arunachal Pradesh, and the border dispute between Maharashtra and Karnataka over Belgaum. These disputes often involve competing claims over land and resources, including water bodies and natural reserves. The resolution of territorial disputes requires coordination between the central government and the concerned states, often through judicial intervention or administrative measures.
  4. Role of Federal Institutions: The federal structure of India provides for institutions like the Inter-State Council and the Planning Commission (now NITI Aayog) to facilitate cooperation and coordination between the central government and the states. These institutions play a crucial role in addressing water and territorial disputes by providing platforms for dialogue, negotiation, and conflict resolution.
  5. Challenges to Federalism: Water and territorial disputes can sometimes strain the federal fabric of India by accentuating regional tensions and undermining trust between states and the central government. Ineffective mechanisms for dispute resolution, delays in judicial interventions, and political interference can exacerbate these challenges. Strengthening federal institutions, promoting cooperative federalism, and enhancing mechanisms for dispute resolution are essential to address these challenges effectively.

In conclusion, water and territorial disputes in India intersect with the principles of federalism, highlighting the complex interplay between centralization and decentralization of powers. Effective management of these disputes requires robust mechanisms for cooperation, negotiation, and conflict resolution between the central government and the states, while also upholding the principles of equity, justice, and sustainable development.

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