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Himanshu Kulshreshtha
Himanshu KulshreshthaElite Author
Asked: May 5, 20242024-05-05T13:06:26+05:30 2024-05-05T13:06:26+05:30In: Political Science

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

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

MPSE-008
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    1. Himanshu Kulshreshtha Elite Author
      2024-05-05T13:06:59+05:30Added an answer on May 5, 2024 at 1:06 pm

      Water and territorial disputes in India are closely intertwined with the federal structure of governance, as they often involve issues of resource allocation, inter-state relations, and the distribution of powers between the central government and the states. Contextualizing these disputes within the framework of federalism highlights the complex dynamics of governance, cooperation, and conflict resolution in a diverse and decentralized polity like India.

      1. Interstate Water Disputes:
        a. Background: Water disputes between states in India arise primarily due to competing demands for water resources from shared rivers, reservoirs, and interstate water projects. These disputes often stem from historical agreements, divergent interests, and the uneven distribution of water resources across different regions.
        b. Federal Context: The resolution of interstate water disputes falls within the purview of the central government under the Interstate River Water Disputes Act, 1956. The Act empowers the central government to constitute tribunals to adjudicate disputes between states over the sharing of river waters. However, the involvement of the central government in resolving these disputes raises questions about the balance of power between the center and the states in matters of water management and resource allocation.
        c. Challenges: Interstate water disputes pose significant challenges to federalism in India, as they often pit the interests of individual states against each other and necessitate centralized intervention to ensure equitable distribution and sustainable management of water resources. The resolution of these disputes requires coordination, cooperation, and negotiation among multiple stakeholders, including the central government, state governments, and affected communities.

      2. Territorial Disputes:
        a. Background: Territorial disputes between states in India arise from competing claims over border areas, enclaves, and disputed territories. These disputes may have historical, cultural, or strategic dimensions and can escalate tensions between neighboring states.
        b. Federal Context: Territorial disputes raise questions about the jurisdictional authority of the central government and the states in managing border areas and resolving boundary conflicts. While the central government plays a role in facilitating negotiations and mediating disputes between states, the resolution of territorial disputes often requires the cooperation and consent of the affected states.
        c. Challenges: Territorial disputes pose challenges to federalism by highlighting the complexities of governance in border regions and the need for coordinated efforts to address security concerns, promote cross-border cooperation, and protect the rights of affected populations. The resolution of territorial disputes requires a delicate balance between the principles of territorial integrity, state sovereignty, and regional autonomy within the federal framework.

      3. Federal Responses:
        a. Cooperative Federalism: Water and territorial disputes in India have prompted calls for greater cooperation and coordination among the central government and the states to address shared challenges and promote inclusive development. Cooperative federalism emphasizes the importance of collaborative decision-making, resource-sharing, and joint initiatives to achieve common goals and resolve inter-state conflicts.
        b. Constitutional Mechanisms: The Indian Constitution provides institutional mechanisms, such as the Inter-State Council and the Zonal Councils, to facilitate dialogue, cooperation, and conflict resolution among states. These mechanisms serve as forums for discussing interstate issues, sharing best practices, and coordinating policies in areas of mutual interest, including water management and border security.
        c. Legal Frameworks: The legal framework governing interstate disputes, including the Interstate River Water Disputes Act and the Border Security Force Act, provides avenues for legal recourse and arbitration to resolve conflicts and uphold the principles of federalism and rule of law.

      In conclusion, water and territorial disputes in India intersect with the principles and practices of federalism, highlighting the complexities of governance, cooperation, and conflict resolution in a decentralized political system. The resolution of these disputes requires a delicate balance between centralized intervention and state autonomy, as well as a commitment to dialogue, negotiation, and consensus-building among all stakeholders. Effective management of water and territorial disputes is essential for promoting peace, stability, and sustainable development in India's federal structure.

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