
Mains answer practice — GS 2: Questions on interstate river water disputes and Finance Commission (Week 101)
UPSC Essentials brings to you its initiative for the practice of Mains answer writing. It covers essential topics of static and dynamic parts of the UPSC Civil Services syllabus covered under various GS papers. This answer-writing practice is designed to help you as a value addition to your UPSC CSE Mains. Attempt today's answer writing on questions related to topics of GS-2 to check your progress.
The ongoing disagreements over the allocation of Ravi-Beas waters between Punjab and Haryana underscore the challenges of interstate water sharing in India. Examine the constitutional and legal structures governing interstate river water disputes in India.
Introduction
— The introduction of the answer is essential and should be restricted to 3-5 lines. Remember, a one-liner is not a standard introduction.
— It may consist of basic information by giving some definitions from the trusted source and authentic facts.
Body
— It is the central part of the answer and one should understand the demand of the question to provide rich content.
— The answer must be preferably written as a mix of points and short paragraphs rather than using long paragraphs or just points.
— Using facts from authentic government sources makes your answer more comprehensive. Analysis is important based on the demand of the question, but do not over analyse.
— Underlining keywords gives you an edge over other candidates and enhances presentation of the answer.
— Using flowcharts/tree-diagram in the answers saves much time and boosts your score. However, it should be used logically and only where it is required.
Way forward/ conclusion
— The ending of the answer should be on a positive note and it should have a forward-looking approach. However, if you feel that an important problem must be highlighted, you may add it in your conclusion. Try not to repeat any point from body or introduction.
— You may use the findings of reports or surveys conducted at national and international levels, quotes etc. in your answers.
Self Evaluation
— It is the most important part of our Mains answer writing practice. will provide some guiding points or ideas as a thought process that will help you to evaluate your answers.
N ote: This is not a model answer. It only provides you with thought process which you may incorporate into the answers.
Introduction:
— Article 262(1) of the Constitution states that 'Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution, or control of the waters of, or in, any inter-State river, or river valley'.
— Parliament passed the Inter-State River Water Disputes Act of 1956. It allows for the referral of such a disagreement to Tribunals upon receipt of an application from a State if the Union Government is persuaded that the dispute 'cannot be settled by negotiations'.
Body:
You may incorporate some of the following points in your answer:
— The Bhakra-Nangal project is one of the first post-independence river valley improvement projects. It consists of two different but complementary dams on the Satluj River: the Bhakra dam in Himachal Pradesh and the Nangal dam, located about 10 kilometres downstream in Punjab.
— Before the state was divided into Punjab, Haryana, and Himachal Pradesh, the Punjab government had direct responsibility over the Bhakra-Nangal project. The Bhakra Management Board was formed in 1966 under Section 79 of the Punjab Reorganisation Act to manage the project in the best interests of the three states.
— The BBMP now plays a key role in water distribution between Punjab, Haryana, Rajasthan, Himachal Pradesh, and Delhi. At the start of each accounting year (approximately September-August, depending on the monsoon), the BBMP determines how much water each state will receive.
Constitutional provisions governing interstate river water disputes in India
— The Constitution contains specific provisions regarding resolution of water disputes. Under Article 262(1), 'Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of, or in, any inter-State river or river valley'.
— Under Article 262 (2): 'Notwithstanding anything in the Constitution, Parliament may by law provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint as is referred to in clause (1)' .
— The Constitution does not establish a mechanism for resolving water-related conflicts. It leaves it to Parliament, by legislation, to create such arrangements as it sees suitable for the resolution of such disputes and complaints.
— The Constitution also permits Parliament to decide and legislate whether court jurisdiction should be barred.
— The River Boards Act, 1956, was established by Parliament under Entry 56 of List I to promote the integrated and optimal development of interstate rivers and river valleys.
— Punjab says that Haryana has already withdrawn 3.110 MAF, or 104% of its share for the entire year. This is despite the fact that the water levels on the Ranjit Sagar (on River Ravi) and Pong dams are 16.9 and 31.87 feet lower than the same time last year, owing mostly to the Himalayas' lack of snow this winter. The water level at Bhakra Dam is also 12 feet lower than previous year.
— The latest stand-off began on April 23, when Haryana sought 8,500 cusecs of water from the Bhakra-Nangal project — 4,500 cusecs more than what it is currently receiving. Punjab CM Mann refused, putting the ball in the court of the BBMP.
(Source: Water sharing dispute between Punjab and Haryana: what happened, why)
Points to Ponder
Read about other water dispute
Read about interlinking of rivers
Read about important dams across rivers in India
Related Previous Year Questions
What changes has the Union Government recently introduced in the domain of Centre-State relations? Suggest measures to be adopted to build the trust between the Centre and the States and for strengthening federalism. (2024)
'While the national political parties in India favour centralisation, the regional parties are in favour of State autonomy.' Comment. (2020)
N ote: This is not a model answer. It only provides you with thought process which you may incorporate into the answers.
Introduction:
— The Finance Commission is a constitutional body formed by the President of India to give suggestions on centre-state financial relations.
— As per Article 280 of the Constitution of India, the President shall, within two years from the commencement of this Constitution and thereafter at the expiration of every fifth year or at such earlier time as the President considers necessary, by order constitute a Finance Commission which shall consist of a Chairman and four other members to be appointed by the President.
Body:
You may incorporate some of the following points in your answer:
— It shall be the duty of the Commission to submit recommendations to the President regarding —
(i) the distribution between the Union and the States of the net proceeds of taxes that are to be, or may be, divided between them under this Chapter, as well as the allocation between the States of their respective portions of such proceeds;
(ii) the principles that should govern the grants-in-aid of state resources from the Consolidated Fund of India;
(a) the actions needed to enhance the Consolidated Fund of a State to complement the resources of the Panchayats in the State, based on the recommendations provided by the State's Finance Commission;
(b) the actions needed to augment the Consolidated Fund of a State to complement the resources of the Municipalities in the State, based on the recommendations given by the State's Finance Commission;
(c) any other matter brought to the Commission by the President for the purposes of sound finance.
— The Commission shall establish their procedure and shall have such powers in carrying out their tasks as Parliament may by legislation confer on them.
Conclusion:
— Several states have suggested to the 16th Finance Commission (FC) that their part of the divisible tax pool be increased. Some have even proposed increasing the states' contribution to 50%, up from the existing 41%.
— States have the right to feel resentment. After all, even when the 14th FC increased their portion of the tax pool to 42% and the 15th FC maintained it at 41% (down 1% with J&K becoming a Union territory), the central government cut the divisible tax pool itself. It accomplished this by imposing cesses and fees, the proceeds from which are not shared with the states. According to the RBI, by 2021-22, the divisible tax pool will have decreased to 78.9 percent of the Centre's gross tax collections, down from 88.6 percent in 2011-12. Over the last six years, states have received an average of 32% of gross tax income.
How have the recommendations of the 14th Finance Commission of India enabled the States to improve their fiscal position? (2021)
'The states in India seem reluctant to empower urban local bodies both functionally as well as financially.'' Comment. (2023)
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