Indian Journal for Research in Law and Management

Advancing Law and Management

ISSN No. : 2583-9896

Legal Aspects Of Water Resource Management And River Interlinking In India

Cite this Article

Shantanu Dipak Jagtap (2025). Legal Aspects Of Water Resource Management And River Interlinking In India. The Indian Journal for Research in Law and Management, Volume II(Issue 12). Retrieved from https://ijrlm.com/journal/legal-aspects-of-water-resource-management-and-river-interlinking-in-india/

Abstract

India's water resource governance faces significant challenges arising from inter-state disputes, uneven spatial and temporal distribution of water, over-extraction, pollution, and climate-induced variability. River interlinking has been proposed as a strategic solution to address these challenges; however, it raises intricate legal, environmental, and social issues requiring doctrinal scrutiny. This paper examines the constitutional and statutory architecture regulating water resources, focusing on Entry 56 of the Union List, Entry 17 of the Concurrent List, the River Boards Act, 1956, the Inter-State River Water Disputes Act, 1956, and relevant environmental statutes including the Environment (Protection) Act, 1986, the Forest (Conservation) Act, 1980, and the Wildlife Protection Act, 1972. Judicial pronouncements, notably the Cauvery and Krishna water dispute cases, are analyzed to elucidate principles of equitable allocation, public trust doctrine, and inter-state cooperation. The study further evaluates the legal and policy dimensions of river interlinking, emphasizing environmental compliance, resettlement obligations, and human rights implications under Article 21 of the Constitution. Comparative international experiences, such as China's South-to-North Water Diversion Project, Turkey's Southeastern Anatolia Project, and the U.S. Central Valley Project, offer instructive insights on governance, dispute resolution, and environmental safeguards. The paper proposes legal and institutional reforms, including the enactment of a comprehensive National Water Law, empowerment of river basin authorities, and mechanisms for participatory governance, ensuring that interlinking projects operate within a legally robust and socially equitable framework. By integrating constitutional mandates, statutory obligations, judicial guidance, and policy considerations, the study advances a coherent framework for sustainable and legally compliant water resource management in India.

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The Indian Journal for Research in Law and Management
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2583-9896
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