Against the grain The proponents of this line of thinking, base their argument on the following: the difficulty in the resolution of longstanding inter-state water conflicts under the existing scheme of things and the present practice of states, being non-uniform, discourages a national consensus on water-sharing principles, and a shared national concern for conservation, and equitable use.
This argument flies in the face of certain systemic aberrations, institutional incapacities and conceptual problems inherent in legal formulations.
Much has been written about the Constitutional difficulties in making the law work effectively in relation to resolution of inter-state water conflicts. The reference is obviously to the Inter-State Water Disputes Act, 1956. This has, indeed, been used as a handle for strengthening the arguments on centralisation of law-making power with the Union. There is hardly any concrete evidence available to demonstrate, in very clear terms, that such a route is more desirable and effective than trusting the states in that regard.
The problem is, essentially, the attitude of the central bureaucracy. A message attempted to be conveyed through this is that the Centre has the monopoly of wisdom, vision and direction for better management of resources. This, if not anything else, is undemocratic and against the grain of the Constitutional evolution leading to decentralisation of not just political power, but in the management of resources as well, ushered through the 73rd and 74th Amendements.
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