
Under which article of indian constitution the adjudication of dispute relatively to water of inner state rivers valley is done?
A) Article 260
B) Article 261
C) Article 262
D) Article 362
Answer
467.1k+ views
Hint: In India, there have been various interstate river water disputes. The majority of these conflicts stem from a lack of appropriate water resources for farmers in the states. The researcher investigates India's constitutional and statutory procedures for resolving such conflicts. The fact that water resources are under the State List, yet the Parliament has the jurisdiction to establish legislation affecting interstate rivers under the Union List, complicates such issues.
Complete answer:
“Adjudication of disputes relating to waters of inter-State rivers or river valleys" is defined in Article 262 of the Indian Constitution. Parliament may provide by law for the adjudication of any dispute or complaint relating to the use, distribution, or control of the waters of, or in, any inter-State river or river valley.
Regardless of the provisions of this Constitution, Parliament may pass legislation stating that neither the Supreme Court nor any other court has jurisdiction over any dispute or complaint referred to in clause (1).
The study, funded by the Ministry of Jal Shakti of the Government of India, examines the contours of the Supreme Court's involvement in interstate river water dispute resolution in order to develop a comprehensive narrative regarding the jurisdictional bar's underlying logic.
Therefore the correct answer is option ‘C’.
Note: The phrase "despite this constitution..." begins Article 262(2). This means that any additional Constitutional provisions that contradict Article 262(2) are inapplicable. When it comes to Article 262(2), for example, Article 131, which gives the Supreme Court primary jurisdiction over disputes involving two or more states, does not apply. If Parliament loses Supreme Court authority over cross-border river water issues, it must do so via the method described in Article 13(3), where the term "legal" is used.
Complete answer:
“Adjudication of disputes relating to waters of inter-State rivers or river valleys" is defined in Article 262 of the Indian Constitution. Parliament may provide by law for the adjudication of any dispute or complaint relating to the use, distribution, or control of the waters of, or in, any inter-State river or river valley.
Regardless of the provisions of this Constitution, Parliament may pass legislation stating that neither the Supreme Court nor any other court has jurisdiction over any dispute or complaint referred to in clause (1).
The study, funded by the Ministry of Jal Shakti of the Government of India, examines the contours of the Supreme Court's involvement in interstate river water dispute resolution in order to develop a comprehensive narrative regarding the jurisdictional bar's underlying logic.
Therefore the correct answer is option ‘C’.
Note: The phrase "despite this constitution..." begins Article 262(2). This means that any additional Constitutional provisions that contradict Article 262(2) are inapplicable. When it comes to Article 262(2), for example, Article 131, which gives the Supreme Court primary jurisdiction over disputes involving two or more states, does not apply. If Parliament loses Supreme Court authority over cross-border river water issues, it must do so via the method described in Article 13(3), where the term "legal" is used.
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