An armed conflict between the states of Assam and Mizoram broke out in August of
2021 over boundary disputes. There were even shots fired by police on both sides
throughout the dispute. The Supreme Court recently heard arguments on the
Mullaperiyar Dam dispute between Kerala and Tamilnadu. Numerous other
disagreements occur between Indian states besides these two examples.
Without a discussion of the definition of the term "conflict" in a legal
context, it is impossible to understand interstate disputes. Disputes are often
characterised by disagreements between the parties. Furthermore, Black's Law
Dictionary describes a dispute as "an assertion of a right... answered by
counterclaims or allegations from the other party". A claim can only be the
subject of a dispute if it is made by one party and disputed by the other on any
number of grounds, as described by Indian Supreme Court Justice RS Bachawat.
In the event that one side makes a claim or assertion that the other party
denies, a disagreement will result. It's a matter of competing legal interests
or points of view. As a result, inter-state disputes are defined as a dispute
between two or more states. In addition, it precludes issues between the Union
and the State.
Even though there are numerous causes for an inter-state dispute, it is only
natural that disagreements over issues of borders, languages, and water sharing
arise among the various Indian constituent states. As a result, the Indian
Constitution's framers had measures in place to deal with them.
Articles 131, 262, and 263 give the methods for this. The Supreme Court of the
United States has sole and exclusive jurisdiction over disputes involving legal
rights between two or more states, according to Article 131. Such conflicts must
"contain any question (whether of law or fact) on which a legal right depends,"
according to Article 131. An interest recognised, protected and enforced by law
is a 'legal right' in the Article, according to court interpretations.
As a
result, it excludes interstate disputes of a political nature from its scope. In
addition to the fact that Article 131 can be used in a variety of legal cases,
one of its advantages is that it is not limited to specific types of conflicts.
It is not limited to inter-state water conflicts like Article 262 is; Article
131 can be utilised to resolve any type of issue. Article 131, on the other
hand, does not apply to cases that the Supreme Court has explicitly excluded
from its jurisdiction. Article 131, for example, cannot be used to resolve a
disagreement under Article 262.
Inter-state disputes over rivers and river valleys are the subject of Article
262. Water disputes between states were also addressed through legislation known
as the "Inter-State Water Disputes Act, 1956.". The Central Government can set
up a Water Dispute Tribunal under Section 4 of the Act to resolve disagreements.
Three people make up the Tribunal: a Chairman and two alternates. As a final
provision, Article 263 establishes an Inter-State Council to "inquire into and
advise on conflicts that may have arisen between the States."
Also established in 1956, under Part III of the State Reorganization Law was the
Zonal Councils. At the moment, there are five zonal councils: the Northern Zonal
Council, the Central Council of the Zone, the Eastern Zonal Council, and the
Western Zonal Council, the Council of Zone. The North Eastern Council for the
Indian states of the North-Eastern region of the country is also in place to aid
in the development of the region.
The North Eastern Council Act of 1971 gave
rise to the creation of this body. Jawahar Lal Nehru established a National
Integration Council in 1961 in the wake of the National Integration Conference,
which was held in Delhi. However, there have been no meetings held under it in
the recent eight years.
List of Inter-State Border Disputes:
States Concerned (Border Dispute:
- Andhra Pradesh-Odisha
- Haryana-Himachal Pradesh
- Maharashtra-Karnataka
- Assam-Arunachal Pradesh
- Assam-Nagaland
- Assam-Meghalaya
- Assam-Mizoram
List of Inter-State Water Disputes:
Name of Tribunal |
Constitution Date of Tribunal |
States Concerned |
Ravi & Beas Water Tribunal |
April, 1986 |
Punjab, Haryana and Rajasthan |
Krishna Water Disputes Tribunal -II |
2nd April, 2004 |
Karnataka, Telengana, Andhra Pradesh and
Maharashtra |
Vansadhara Water Disputes Tribunal |
24th February, 2010 |
Andhra Pradesh & Odisha |
Mahadayi Water Disputes Tribunal |
16th November, 2010 |
Goa, Karnataka and Maharashtra |
Mahanadi Water Disputes Tribunal |
12th March, 2018 |
Odisha and Chhattisgarh |
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