Water & the Constitution of India – Checks & Balances

Water & the Constitution of India – Checks & Balances

Lists (Centre-State Relationship)			Articles				Schedules (State–People Relationship)
State	Concurrent	Union	21	262	48A	51A	11th	12th
Entry 17	Entry 20	Entry 56	Fundamental Right	Adjudication of disputes	Environment, Forest,  Wild life		Powers of Panchayat	Powers of Nagarpalika
Subject to Entry 56 in the Union List.	“Economic & social planning”	The River Boards Act, 1956	Right  to Life	ISWD Act 1956	Directive Principle	Basic Duty	Devolution of powers to  Panchayat Raj  Institutions
Provides legislative competence to States, implies executive powers to States & enables them to plan & implement dam projects	By this Entry, major & medium irrigation, hydropower, flood control & multipurpose projects have been subjected to the requirement of Central Clearances* for inclusion in the national plan	RBA Act provides only for the establishment of advisory boards.	Supreme Court of India has recognised the fundamental right to water as integral to the right to life	Adjudication of disputes relating to water of inter-State rivers or river valleys Allocation of waters & the restrictions imposed by a Tribunal Award	42nd Amendment, 1976 References to the protection of the environment, forests & wild life were introduced via Articles 48A & 51A [& two entries related to forests & wild life were added to the Concurrent List]		73rd &  74th Amendments, 1993 Subjects to be devolved to the panchayats & nagarpalikas. The lists include, inter alia, drinking water, water management, watershed development & sanitation

*The Forest Conservation Act 1980, The Environment Protection Act 1986, The Wild Life (Protection) Act 1972, The Water (Prevention & Control of Pollution) Act 1978