Section 4 of The Inter-State River Water Disputes Act, 1956
1[(1) When any request under section 3 is received from any State Government in respect of any water dispute and the Central Government is of opinion that the water dispute cannot be settled by negotiations, the Central Government shall, within a period not exceeding one year from the date of receipt of such request, by notification in the Official Gazette, constitute a Water Disputes Tribunal for the adjudication of the water dispute: Provided that any dispute settled by a Tribunal before the commencement of the Inter-State Water Disputes (Amendment) Act, 2002 (14 of 2000) shall not be re-opened.] 2 [(2) The Tribunal shall consist of a Chairman and two other members nominated in this behalf by the Chief Justice of India from among persons who at the time of such nomination are Judges of the Supreme Court or of a High Court.] 3 [(3) The Central Government may, in consultation with the Tribunal, appoint two or more persons as assessors to advise the Tribual in the proceedings before it.]
Summary
- If a state asks the Central Government to refer a water dispute under Section 3, and the Central Government believes it cannot be solved by talking, which is negotiation, a Tribunal must be set up.
- The Central Government must set up this Water Disputes Tribunal within one year of getting the state's request.
- The Tribunal is officially set up by publishing a notice, which is a notification, in the Official Gazette, which is the official government public journal.
- Any dispute settled by a Tribunal before the 2002 Amendment Act started cannot be re-opened.
- The Tribunal consists of three members: a Chairman and two other members, nominated by the Chief Justice of India from current Judges of the Supreme Court or High Courts.
- The Central Government can appoint two or more assessors, who are technical advisors, to advise the Tribunal, in consultation with the Tribunal.
Practical examples
FAQ
1. How long does the Central Government have to set up a Tribunal after getting a state's request?
The Central Government must set up the Tribunal within one year of receiving the request.
2. Who chooses the members of the Tribunal?
They are nominated by the Chief Justice of India.
3. What are the qualifications to be a Tribunal member?
Nominees must be current Judges of either the Supreme Court or a High Court at the time of their nomination.
4. Can older disputes settled before the 2002 Amendment Act be re-opened?
No, any dispute settled by a Tribunal before the commencement of the 2002 Amendment Act cannot be re-opened.
5. Who appoints assessors to advise the Tribunal?
The Central Government may appoint two or more assessors in consultation with the Tribunal.
Test yourself
Q1.Within what maximum time must the Central Government constitute a Tribunal after receiving a request under Section 3?
Q2.Who nominates the Chairman and other members of the Tribunal?
Q3.From which pool of persons must the Tribunal members be nominated?
Q4.How many members, including the Chairman, make up the Tribunal under Section 4?
Q5.Under Section 4(3), who appoints the assessors to advise the Tribunal?
Q6.Can a dispute settled by a Tribunal before the commencement of the Inter-State Water Disputes (Amendment) Act, 2002 be re-opened?