Ans. The Indian Constitution addresses the issue of disputes over the waters of inter-State rivers or river valleys under Article 262. This article grants Parliament the authority to legislate on the resolution of disputes related to the use, distribution, or control of waters in such rivers or valleys. It also allows Parliament to exclude the jurisdiction of courts, including the Supreme Court, in these matters by passing relevant laws.

Constitutional Provisions:

Article 262 provides that Parliament may enact laws to resolve inter-State water disputes.
Under the Inter-State River Water Disputes (Amendment) Act, 2019, the Inter-State River Water Disputes Tribunal has been established to effectively adjudicate these disputes. The tribunal consists of judicial and expert members to ensure fair and technical resolutions.

Concerns in Punjab Regarding the Proposed Canal:

Financial Strain: Punjab is struggling with a financial crisis, making it difficult to fund the Rs 2,300 crore proposed Malwa Canal project. The state plans to seek funding assistance from NABARD for the 149.53-kilometre canal project.
Technical Challenges: The proposed canal, intended to provide an additional water supply to Rajasthan Feeder canal, has raised concerns about its technical feasibility, particularly its ability to handle 2,000 cusecs of water.
Environmental and Social Issues: The canal requires a socioeconomic survey, land acquisition, and rehabilitation plans due to potential displacement. It will also need environmental clearance, including permits for tree cutting, and approval from the Central Water Commission.

The constitutional provisions under Article 262 and the Inter-State River Water Disputes (Amendment) Act, 2019 provide a structured framework for resolving inter-state water disputes. However, concerns surrounding the proposed Malwa canal in Punjab, including financial, technical, and environmental challenges, have raised doubts about the project’s feasibility and implementation. Effective planning and clearances are necessary to address these concerns and move forward with the project.

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