Article 262 is a provision in the Constitution of India that deals with the adjudication of disputes relating to the waters of inter-State rivers or river valleys. It was introduced to provide a special mechanism for resolving water disputes, which are often technical, political, and long-term, and to avoid prolonged litigation in ordinary courts. The provision was debated and inserted as Draft Article 242A on September 9, 1949, to offer a permanent solution to such issues, replacing an earlier proposal for ad-hoc commissions.
The mechanism works through two key clauses: Article 262(1) empowers Parliament to make a law for the adjudication of any dispute or complaint regarding the use, distribution, or control of the waters of an inter-State river or river valley. Acting on this power, Parliament enacted the Inter-State River Water Disputes Act, 1956 (IRWD Act), which allows the Union Government to set up a Tribunal when a dispute cannot be resolved through negotiation. Crucially, Article 262(2) grants Parliament the power to provide, by law, that neither the Supreme Court nor any other court shall exercise jurisdiction over such disputes. This exclusion of judicial jurisdiction is reflected in Section 11 of the IRWD Act, 1956.
Article 262 connects directly to the Inter-State River Water Disputes Act, 1956, and the River Boards Act, 1956, both enacted under its authority. It also relates to the distribution of legislative powers, as water is primarily a State subject under Entry 17 of the State List, but the Union can regulate inter-State rivers under Entry 56 of the Union List. The IRWD Act, 1956, has been amended multiple times, most recently in 2002, and a further amendment was introduced in 2019 to streamline the adjudication process, including a proposal for a permanent tribunal. Despite the constitutional exclusion, the Supreme Court has intervened in cases like State of Karnataka v. State of Tamil Nadu (2018) to examine the implementation and constitutional questions related to tribunal awards.