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84-507: River waters use / harnessing is included in states jurisdiction (entry 17 of state list , Schedule 7 of Indian Constitution). However, the union government with parliament approval can make laws on regulation and development of interstate rivers and river valleys to the extent such water resources are directly under its control when expedient in the public interest (entry 56 of union list , Schedule 7 of Indian Constitution). Damodar Valley Corporation , NHPC , River Boards Act 1956, etc under

168-424: A court proceeding ; also the judgment or decision given. The entry of a decree by a court in respect to the parties in a case. It implies a hearing by a court, after notice , of legal evidence on the factual issue(s) involved; it may be equivalent to a determination. It indicates that the claims of all the parties there to have been considered and set at rest." In some cases, an application for adjudication

252-451: A legal guardian that could be entrusted with being responsible for him or her. A child dependency or neglect adjudication can also result in a determination that a child is in need of services. Different US states have different processes for declaring a child as adjudicated. Arizona state law defines a dually adjudicated child as "a child who is found to be dependent or temporarily subject to court jurisdiction pending an adjudication of

336-485: A 2010 case involving two consecutive adjudications in relation to a construction contract for homeowner Charles Wishart, the High Court allowed the second adjudicator's ruling on an issue which the first adjudicator had commented on and purported to have resolved, but which was not part of, and "wholly unnecessary" to resolve as far as the initial adjudication was concerned. In other circumstances, an adjudicator's ruling

420-630: A State violates the Constitution, Presidential rule can be imposed under Article 356 and the President takes over the State's administration with ex post facto consent of the Parliament per Article 357. Article 282 accords financial autonomy in spending financial resources available to the states for public purpose. Article 293 allows States to borrow without limit without consent from

504-407: A candidate should be awarded a security clearance , or is suitable for a public trust position, which is a job that requires a very knowledgeable and responsible person, often related to national security . It may be determined that the person is not suitable for a public trust position, but is suitable for a non-sensitive position. However, a person may be deemed unsuitable for any position. From

588-435: A claim from an insured person and then utilizing software to process claims and make a decision or doing so manually. If it is done automatically using software or a web-based subscription, the claim process is called auto-adjudication. Automating claims often improve efficiency and reduce expenses required for manual claims adjudication. Many claims are submitted on paper and are processed manually by insurance workers. After

672-426: A decision which determines rights and obligations between the parties involved. Adjudication can also refer to the processes at dance competitions , in television game shows and at other competitive forums, by which competitors are evaluated and ranked and a winner is found. Adjudication may be defined as "the legal process of resolving a dispute . The formal giving or pronouncing of a judgment or decree in

756-414: A determination on the referred issue. The Act does not define "adjudication" or an "adjudicator", but an adjudicator's obligation is to act " impartially " (section 108(2)(e)). The parties can agree between themselves who will undertake the adjudication, but where they cannot agree, either party may ask an Adjudicator Nominating Body (ANB) to appoint one. The "Scheme for Construction Contracts" set up under

840-476: A financial emergency when the financial stability or credit of the nation or of any part of its territory is threatened. However, no guidelines define "financial emergency" for the country or a state or union territory or a panchayat or a municipality or a corporation. An emergency like this must be approved by the Parliament within two months by a simple majority and has never been declared. A state of financial emergency remains in force indefinitely until revoked by

924-489: A gazette order by the Union. Under Section 6A of this Act, central government may frame a scheme or schemes to give effect to the decision of a tribunal. Each scheme has a provision to establish an authority for the implementation of a tribunal verdict. However, every scheme and all its regulations shall be approved by the parliament. When a tribunal verdict, after formally gazetted by the union government, stipulates to establish

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1008-475: A part of any state/UT; (b) the power to establish new states/UT (which were not previously under India's territory) which were not in existence before. Appointment of governors is the responsibility of the Central government through the President. Governors are generally not residents of the state. Should the constitutional machinery in a state break down, Article 356 allows a state of emergency that dissolves

1092-497: A point has emerged from the process of discussion or negotiation that has ended and that there is something which needs to be decided". Section 108(3) of the 1996 Act and paragraph 23(2) of the Scheme for Construction Contracts state that "the decision of the adjudicator shall be binding on the parties, and they shall comply with it until the dispute is finally determined by legal proceedings, by arbitration ... or by agreement between

1176-459: A riparian state actions which can affect other riparian state interests is enough to raise interstate water dispute. The activities of an upstream state without affecting downstream states' interests are peak flood control measures by impounding the flood waters only (not base flows) in 100% or more capacity storage reservoirs for use without affecting water quality appreciably and the run-off hydropower generation taken up in its territory. Whenever

1260-602: A shortage in river water availability. The Union government is contemplating bringing a new act in place of the River Boards Act, 1956 which is presently purely an advisory body of the union government. The new bill called "River basin Management Bill" would constitute River Basin Organisations for each interstate river basin with a two-tier structure. The lower tier 'Executive Board' of a river basin

1344-485: Is an alternative legal process instead of applying for a court hearing. Each state and territory has enacted security of payment legislation which provide for adjudication of progress construction claims, starting with New South Wales in 1999. There is very little harmony between the legislation in each jurisdiction regarding the scope of contract covered and the adjudication procedure. However, in all jurisdictions, adjudications are interim pending final resolution of

1428-529: Is asked to determine the true value of a completed construction where this may be different from the value claimed by the contractor and/or paid by the client. The term "smash and grab" claim refers to the practice of submitting a large interim payment application at the end of the construction phase of a project, but before completion of the final account, and the term "'smash and grab' adjudication" has been used in relation to several adjudication decisions regarding liability for interim payment of such claims. In

1512-401: Is binding and a point which has been resolved cannot be raised again, but where the adjudicator went outside the scope of the adjudication referred to them, their comments were not a binding part of the ruling. In relation to a 2012 case, Herbosh-Kiere Marine Contractors Ltd v Dover Harbour Board , Matt Molloy notes that there can be a distinction between "statutory adjudication", applying

1596-522: Is formed under the direction of the Supreme Court to adjudicate water sharing dispute between Odisha and Chhattisgarh states. The Mahadayi Water Tribunal pronounced its final verdict in August 2018 and permitted Karnataka state to use water outside the basin for drinking water use. The tribunal has not vacated the stay order on the execution of works by Karnataka till the verdict is notified by

1680-445: Is invariably denial of prevailing use/purpose in the downstream state as it is altering the natural flow regime of river water with respect to quantity, quality and time of availability in downstream states. Also dam failures in upstream states can create flash floods or further dam failures in downstream states causing unprecedented property damage and loss of human lives. IRWD Act (section 3) clearly stipulates that mere anticipation of

1764-494: Is not applicable to J&K state per Article 152 which is yet to be clarified by the Supreme Court. Article 1 (1) of the constitution says India shall be a union of states. The amended (in 1956) Article 3 , allows the union government power with the prior consent of the President (common head of states and union governments) to (a) form a new state/UT by separating a territory of any state, or by uniting two or more states/UTs or parts of states/UTs, or by uniting any territory to

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1848-598: Is not pursuing the matter earnestly to get the data which is vital in water resources planning. Federalism in India The Constitution of India establishes the structure of the Indian government, including the relationship between the federal government and state governments. Part XI of the Indian constitution specifies the distribution of legislative, administrative and executive powers between

1932-444: Is proposed to resolve the growing number of interstate river water disputes expeditiously. A tribunal bench shall have one technical expert member and one judicial member with the chairman or vice chairman out of the members of the permanent water dispute tribunal. Section 5 (2a) of the amended Act mandated that the tribunal report shall also prescribe for the distribution of water among the states during distress situations arising from

2016-543: Is regulated by the Building and Construction Industry Payments Agency , a branch of the Queensland Building Services . Adjudication is a relatively new process introduced by the government of Victoria , Australia, to allow for the rapid determination of progress claims under building contracts or sub-contracts and contracts for the supply of goods or services in the building industry. This process

2100-516: Is represented by various relevant faculties from each riparian state including the union government. The top tier called the 'Governing Council' of a river basin will have all chief ministers of riparian states as its members to arrive at unanimous decisions. In case of no consensus decision, the dispute would be referred to the tribunal formed under Interstate River Water Disputes Act, 1956. Inter-State River Water Disputes Amendment Bill, 2019  : The Inter-State River Water Disputes Amendment Bill

2184-465: Is served, President may also establish an interstate council as per Article 263 to inquire and recommend the dispute that has arisen between the states of India . IRWD Act (section 2c2) validates the previous agreements (if any) among the basin states to harness the water of an interstate river/ river valley. This act is confined to states of India and not applicable to union territories . Only concerned state governments are entitled to participate in

2268-454: Is the "process of identifying, with reasonable certainty, the type or nature of material or device that set off an alarm and assessing the potential threat that the material or device might pose with corresponding implications for the need to take further action." Referring to a minor, the term adjudicated can refer to children that are under a court's jurisdiction, usually as a result of having engaged in delinquent behavior and not having

2352-407: The ratification by the Parliament and the consent of the concerned riparian states per Article 252. IRWD Act is applicable only to interstate rivers/river valleys. An action of one state should affect the interests of one or more other states. Then only water dispute is deemed to have arisen under IRWD Act (section 3). It can be divided into two independent parts for clarity purpose in understanding

2436-461: The Article 368 procedure as constitutional amendments. In case the above lists are to be expanded or amended, the legislation should be done by the Parliament under its constituent power per Article 368 with ratification by the majority of the states. Federalism is part of the basic structure of the Indian constitution which cannot be altered or destroyed through constitutional amendments under

2520-526: The Constitution of India for the state of Jammu and Kashmir, and bifurcated the state into two Union Territories – Jammu and Kashmir , and Ladakh by introducing the Jammu and Kashmir Reorganization Act in the Parliament of India. Though Article 370 abrogation was upheld by the Supreme Court in 2023, statehood was restored from Union Territory. However, Part VI of the constitution applicable to any State

2604-537: The Jammu and Kashmir state constitution made provision to amend its constitution with a two-thirds majority by the state assembly. Part VI (The states) and Part XIV (Services) of the Indian constitution were not applicable to Jammu and Kashmir per Article 152 and Article 308 . On 5 August 2019, the Government of India, by the powers vested in it by Constitution of India , passed a motion to dissolve Article 370 of

Interstate River Water Disputes Act - Misplaced Pages Continue

2688-450: The President declaring a financial emergency. Article 47 of Directive Principles of the state policy prohibits intoxicating drinks that are injurious to health but is not enforced. Instead many states promote and tax liquor sales. Adjudication Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation , including legal reasoning set forth by opposing parties or litigants , to come to

2772-424: The President on the advice of the Union government. Lieutenant Governors can override local government policies only after taking parliament consent. States are at liberty to manage their finances as long as that does not lead to financial emergency as per Article 360. The Government of India is trying to impose uniform taxation throughout India and to take over states' tax collection mechanisms without regard to

2856-431: The President. The President can reduce the salaries of all government officials, including judges of the supreme court and high courts , in cases of a financial emergency. All money bills passed by the state legislatures are submitted to the President for approval. He can direct the state to observe economy measures. States can make agreements among themselves. When a dispute arises with other states or union territory or

2940-498: The Princely States. Second, its constitutional power over the borders. Third, its early compromise of different cultural elements in the first decade. Article 1 (1) says that India is a Union of States as elaborated under Parts V (The Union) and VI (The States) of the Constitution. Article 1 (3) says territories of India constitute states, union territories and other acquired territories. The concept of union territory

3024-467: The Scheme for Construction Contracts (England and Wales) Regulations 1998 contains a set of adjudication provisions which are to apply to a construction contract unless the contract itself includes arrangements for adjudication which comply in full with statutory requirements. In Scotland , the Scheme for Construction Contracts (Scotland) Regulations 1998 apply. For there to be a dispute capable of being addressed by adjudication, "it must be clear that

3108-692: The State List, articles 249, 250, 252, and 253 mention situations in which the Parliament can legislate. Concurrent List consists of 52 (earlier 47) items. Uniformity is desirable but not essential on items in this list. The list mentions: marriage and divorce, transfer of property other than agricultural land, education, contracts, bankruptcy and insolvency, trustees and trusts, civil procedure, contempt of court, adulteration of foodstuffs, drugs and poisons, economic and social planning, trade unions, labour welfare, electricity, newspapers, books and printing press NS stamp duties. Subjects not mentioned in any of

3192-656: The States unless mutually agreed upon per Article 258 . Till now three tribunal awards are notified in official gazette by the Government of India. These are water dispute tribunals allocating river water use by the riparian states for Krishna (tribunal 1), Godavari and Narmada rivers. All these tribunal awards were issued before the year 2002 which cannot be altered by the new tribunals. The tribunals formed on sharing water of Ravi & Beas rivers, Cauvery / Kaveri river, Vamsadhara River , Mahadayi / Mandovi River and Krishna River ( tribunal 2 ) are either yet to pronounce

3276-427: The Supreme Court, High courts and union public service commission, income tax, customs and export duties, duties of excise, corporation tax, taxes on the capital value of assets, estate duty and terminal taxes. State List consists of 61 items (earlier 66 items). Uniformity is desirable but not essential on items in this list: maintaining law and order, police forces, healthcare, transport, land policies, electricity in

3360-399: The Union government. However, the Union government can insist upon compliance with its loan terms when a state has outstanding loans charged to the consolidated fund of India or a federally-guaranteed loan. The President of India constitutes a Finance Commission every five years to recommend devolution of Union revenues to State governments. Under Article 360 , the President can proclaim

3444-612: The United Kingdom is the Housing Grants, Construction and Regeneration Act 1996 (1996 Chapter 53), later amended by Part 8 of the Local Democracy, Economic Development and Construction Act 2009 . Any party to a construction contract has the right to refer a dispute arising under the contract to a third party for adjudication, whose decision shall be binding unless the courts or an arbitrator have already made

Interstate River Water Disputes Act - Misplaced Pages Continue

3528-575: The United States Department of the Navy Central Adjudication Facility : "Adjudication is the review and consideration of all available information to ensure an individual's loyalty, reliability, and trustworthiness are such that entrusting an individual with national security information or assigning an individual to sensitive duties is clearly in the best interest of national security." Adjudication

3612-476: The adjudicator is not to act as arbitrator or judge. The time constraints within which he is expected to operate are proof of that. The task of the adjudicator is to find an interim solution which meets the needs of the case." "Claims adjudication" is a phrase used in the insurance industry to refer to the process of paying claims submitted or denying them after comparing claims to the benefit or coverage requirements. The adjudication process consists of receiving

3696-475: The adjudicator's ruling was therefore not upheld. In the same case, reference is made to a 2006 Court of Appeal ruling, Carillion Construction v Devonport Royal Dockyard , in which Lord Justice Chadwick reminded litigants that in the UK context, "the majority of adjudicators are not chosen for their expertise as lawyers . Their skills are as likely (if not more likely) to lie in other disciplines. The task of

3780-695: The already established implementation board/authority. In the case of the Cauvery River basin, SC directed the GoI to set up a temporary Supervisory Committee to implement the tribunal order till the constitution of the Cauvery Management Board by GoI. GoI established the said temporary Supervisory Committee on 22 May 2013. In the case of Babli barrage dispute, SC itself constituted the Supervisory Committee to implement

3864-479: The claim was settled. Insurance companies will then send out payments to the providers if the claims are approved or to the provider's billing service. The process of claims adjudication, in this context, is also called "medical billing advocacy". In the United States, adjudication is the process directly following a background investigation where the investigation results are reviewed to determine whether

3948-510: The claims adjudication process is complete, the insurance company often sends a letter to the person filing the claim describing the outcome. The letter, which is sometimes referred to as remittance advice , includes a statement as to whether the claim was denied or approved. If the company denied the claim, it has to provide an explanation for the reason why under regional laws. The company also often sends an explanation of benefits that includes detailed information about how each service included in

4032-500: The constituent powers of the Parliament without undergoing judicial review by the Supreme Court . The Union and States have independent executive staffs controlled by their respective governments. Per Article 73 and 162 , Union Government has exclusive responsibility in implementing the matters on which Parliament has exclusive role in making laws (ex. Union List). State Government has exclusive responsibility in implementing

4116-655: The constitution and the legislative powers are divided into three lists: Union List consists of 100 items (earlier 97) on which the parliament has exclusive power to legislate. This includes: defense, armed forces, arms and ammunition, atomic energy, foreign affairs, war and peace, citizenship, extradition, railways, shipping and navigation, airways, posts and telegraphs, telephones, wireless and broadcasting, currency, foreign trade, inter-state trade and commerce, banking, insurance, control of industries, regulation and development of mines, mineral and oil resources, elections, audit of Government accounts, constitution and organisation of

4200-480: The constitution before publishing the tribunal awards in the official gazette. When pronounced in the ambit of IRWD Act and the Indian constitution, the tribunal's verdict after its publication in the official gazette is equivalent to Supreme Court verdict as per section 6 of IRWD Act. This amendment (second para of section 4 (1) of the Act) specifically does not permit altering the prevailing tribunal verdicts issued before

4284-431: The control of the union government, are referable to Entry 56 of the union list. When union government wants to take over an interstate river project under its control by law (as provided in the constitution) from states per entry 56 of the union list, it has to take the approval of the riparian states' legislature assemblies before passing such bill in the Parliament per Article 252 of the constitution. When public interest

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4368-597: The dispute under the relevant terms of the contract. The Building and Construction Industry Security of Payment Act 1999 came into effect in New South Wales on 26 March 2000 and applies to all construction contracts commenced on or after that date. It is not possible to contract out of the legislation. Amendments to the Act made in 2013 are not retrospective, however, earlier amendments are. The Act does not apply to mining work, however, construction work ancillary to

4452-475: The freight equalisation and licensing policies cannot compensate for the ill that has already been done". National laws permit a private/public limited company to raise loans internally and externally to its capacity. The Fiscal Responsibility and Budget Management Act, 2003 limits state borrowing even when they have not defaulted/faced a financial emergency. The employees' salary and pension expenditure of many state governments exceed their total revenue, without

4536-791: The impacts on individual states. Recently the Supreme Court upheld the constitutional right of states to impose an Entry Tax which is against the principle of a general sales tax (GST). Control of industries, which was a subject in the concurrent list in the 1935 act, was transferred to the Union List. The Union government in 1952 introduced the freight equalization policy that damaged many Indian states, including West Bengal, Bihar (including present-day Jharkhand), Madhya Pradesh (including present-day Chhattisgarh), and Orissa. These states lost their competitive advantage of holding mineral resources, as factories could now operate anywhere in India. This

4620-454: The infrastructure for its storage (water reservoirs) and distribution network (canals, pipelines, groundwater charging, etc.). All these acts fall under the river water distribution and control category under IRWD Act. All the above actions of an upstream state are legal causes of water dispute to the downstream states since their existing interests are affected as given below: The use or control or distribution of river water in an upstream state

4704-453: The jurisdiction of Union government . Laws enacted by the Parliament of India (including amendments to the constitution) applicable to rest of India were not valid in Jammu and Kashmir unless ratified by its state assembly. The Government of India could declare a state of emergency in Jammu and Kashmir and impose Governor's rule in certain conditions. The state had its own constitution other than applicable Indian constitution. Part XII of

4788-623: The matters on which a state legislature has exclusive role in making laws (ex. State List). Incase both Union and States have powers to make laws (i.e. Concurrent List) on any matter, States have implimentation responsibility on such matters unless Parliament decides to transfer the executive powers to the Union Government. State government has no role in implementing the matters falling in Union List unless mutually agreed upon per Article 258. In legislative and administrative matters,

4872-531: The national level for each river basin. State governments shall provide all the data regarding water resources, land, agriculture and matters related thereto as requested by the central government. The central government is also vested with powers to verify the data supplied by the state governments. However, many state governments, e.g., Maharashtra, Chattishgarh, etc have not been furnishing the land use data in their states (Tables 14 to 16 of Integrated Hydrological Data Book, 2012) and Central Water Commission of MoWR

4956-543: The operation of a mine is covered. The Act also does not apply to work undertaken for a resident owner within the meaning of the Home Building Act 1989 . In NSW, the 2016 case of Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd   has allowed an adjudicator's determination for a non-jurisdictional error to be overturned through judicial review. The case went against Brodyn Pty Ltd v Davenport (2004), which had held that judicial intervention

5040-412: The parties". In the case of Aspect Contracts (Asbestos) Limited (Respondent) v Higgins Construction Plc (Appellant) , heard in 2015, the Supreme Court of England and Wales argued that the wording would have been clearer if had said "unless and until" instead of merely "until". The phrase "true value adjudication" is sometimes used in relation to the role of an adjudicator, meaning that the adjudicator

5124-410: The processes set out in legislation, and "contractual adjudication", where a complainant exercises a right provided for in their contract. In this case, which related to a wreck -removal agreement requiring the contractor to remove the remains of a boat sunk to stop torpedoes being fired into Dover Harbour during World War I , the court determined that the adjudicator had exceeded his jurisdiction and

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5208-482: The riparian states are not able to reach amicable agreements on their own in sharing of interstate river waters, section 4 of the IRWD Act provides a dispute resolution process in the form of a Tribunal. As per section 5.2 of the Act, the tribunal shall not only adjudicate but also investigate the matters referred to it by the union government and forward a report setting out the facts with its decisions. It implies that

5292-418: The rivers in India instead of interstate rivers, a petition was filed in High Court against such law challenging its constitutional validity. The Act makes executive wing of states responsible in implementing the objectives of the Act. This legislation was made by the Parliament per item 56 of the Union List whose implementation per Article 73 and 162 is totally under executive powers of the Union and not by

5376-650: The same. Historically, the state of Jammu and Kashmir was accorded a status different from other States owing to an explicitly temporary provision of the Indian Constitution namely Article 370 (which was revoked by the Parliament in 2019). Union territories are unitary type , directly governed by the Union government. Article 1 (1) of the constitution stipulates two tier-governance with an additional local elected government. Delhi and Puducherry were accorded legislatures under Article 239AA and 239A, respectively. The division of powers are defined by

5460-652: The state government and establishes Presidential rule. No emergency at the centre can dissolve the Union government. Misuse of Article 356 was rampant in the decades following its adoption, during the Indira Gandhi era. In 1991 the Supreme court passed a landmark judgement acknowledging misuse of the article and establishing principles for the Union government to follow before a state emergency can be invoked. The Lieutenant Governors of Union Territories of India are designed as administrators and are appointed by

5544-508: The state, village administration, etc. The state legislature has exclusive power to make laws on these subjects. In certain circumstances, the parliament can make laws on subjects mentioned in the State List, but to do so the Rajya Sabha (Council of States) must pass a resolution with a two-thirds majority that it is expedient to legislate in the national interest. Though states have exclusive powers to legislate with regards to items on

5628-499: The techno-legal application of the IRWD Act. A downstream state's action can affect the upstream state's interest only in one case. i.e. when a downstream state is building a dam/barrage near its state boundary and submerging the territory of an upstream state on permanent/temporary basis. Other than this action, no other action of a downstream state could affect the upstream state's interest which they have been using for economic, ecological and spiritual/ religious aspects. The meaning of

5712-421: The three lists are known as residuary subjects. However, many provisions in the constitution outside these lists permit parliament or state Legislative assembly to legislate. Excluding the provisions of the constitution outside these lists per Article 245 , the power to legislate on such subjects, rests with the parliament exclusively per Article 248. Parliament shall legislate on residuary subjects following

5796-555: The tribunal adjudication and non-government entities are not permitted. Any river water sharing treaty made with other countries, has to be ratified by the Parliament per Article 253 after deciding the share of the Indian riparian states per Article 262 to make the treaty constitutionally valid or enforceable by the judiciary as India follows dualist theory for the implementation of international treaties/laws. The Indian government has signed Indus Waters Treaty with Pakistan, Ganga water sharing treaty with Bangladesh, etc. without

5880-459: The tribunal final verdict issued based on the deliberations on the draft verdict is accepted by the union government and notified in the official gazette, the verdict becomes law and binding on the states and union government for implementation. In case the constitutional rights of states are ingressed upon by the tribunal award in any manner, the union government is obliged to take the consent of parliament and all riparian states under Article 252 of

5964-403: The tribunal's responsibility is not limited to adjudication of issues raised by the concerned states and also the investigation of other aspects which are in the public domain such as water pollution, salt export requirement, water quality deterioration, flood control, sustainability of river basin productivity & its ecology, environmental flow requirements, climate change effects, etc. When

6048-453: The union government and the States of India . The legislative powers are categorised under a Union List, a State List and a Concurrent List, representing, respectively, the powers conferred upon the Union government, those conferred upon the State governments and powers shared among them. This federalism is symmetrical in that the devolved powers of the constituent units are envisioned to be

6132-402: The union government cannot overrule the constitutional rights/powers of a state government except when presidential rule is declared in a State. The Union's duty is to ensure that the government of every State is carried on in accordance with the provisions of the Constitution per Article 355 and Article 256 . The State governments cannot violate the Central laws in administrative matters. When

6216-589: The union government, the Supreme Court adjudicates per Article 131. However, Article 262 excludes Supreme Court jurisdiction with respect to the adjudication of disputes in the use, distribution or control of interstate river waters . Under Article 263 the President can establish an interstate council to coordinate/resolve disputes between states and the Union. States have their own jurisdiction. According to Kumarasingham, there are three distinctive features of India's federalism. First, its origins in Partition and

6300-461: The verdict implementation authority/board, the same shall be complied by the union government as the tribunal verdict is equal to Supreme Court verdict. As per Articles 53 & 142 of the constitution, it is the duty of the President to enforce the tribunal/supreme court order/verdict without time delay till the Parliament, under Section 6A of this Act, decides against or makes modifications to

6384-562: The verdicts or the issued verdicts are to be accepted by the Government of India. Cauvery water disputes tribunal order was notified by the GoI on 20 February 2013 and later Supreme Court changed the tribunal order altering water allocations. The Vamsadhara tribunal pronounced its final verdict in September 2017 and permitted AP state to construct the side weir at Katragedda and Neradi barrage. In March 2018, Mahanadi Water Disputes Tribunal

6468-451: The water sharing agreement between Maharashtra and Andhra Pradesh in middle Godavari sub-basin. After nearly 7 years, the KRMB and Godavari River Management Board are notified by the central govt as autonomous bodies and their project-wise functions are stipulated for implementation. Under Section 9A of this Act, the central government shall maintain a data bank and information system at

6552-443: The word ‘interest’ in this context is concern/importance/significance/relevance / consequence of losing the prevailing water use or purpose. Whereas all the actions of an upstream state to use or control or distribute the water of an interstate river can affect the downstream states in one way or other. The following are some examples but not complete: Generally, river water is transferred to water deficit areas for use after creating

6636-528: The year 2002 (i.e. but not the tribunal awards issued after the year 2002). Thus this amendment bars the tribunals to give any time period/validity for constituting a new tribunal. This is to keep provision to resolve new water disputes which were not addressed by earlier tribunals/ agreements as and when they surface. A permanent water dispute tribunal, with its members from sitting/retired judges of Supreme Court or High courts (maximum five including chairman and vice chairman) and technical experts (maximum three),

6720-442: Was designed to ensure cash flow to businesses in the building industry, without parties getting tied up in lengthy and expensive litigation or arbitration. It is regulated by the Building and Construction Industry Security of Payment Act 2002 . Builders, sub-contractors and suppliers need to carefully choose a nominating authority to which they make an adjudication application. The relevant legislation in regard to construction in

6804-561: Was established by the Seventh Amendment . The state of Jammu and Kashmir had (until it was abolished by Union Government on 5 August 2019) a separate set of applicable laws under Article 370 a temporary article of the Constitution of India , read with Application to Jammu and Kashmir Order, 1954 (Appendix I and II). Only matters related to defense, foreign relations, and communications of Jammu and Kashmir were under

6888-628: Was introduced in Lok Sabha on 25 July 2019 by the minister of Jal Shakti, Mr.Gajendra Singh Shekhawat. It amends the Inter-State River Water Disputes Act, 1956.  The Act provides for the adjudication of disputes relating to waters of inter-state rivers and river valleys. Parliament passed the Dams Safety Act, 2021 to monitor the safety of aging dams located on all rivers of India. As it is covering all

6972-524: Was limited to cases of a breach of essential and basic requirements. The Building and Construction Industry Payments Act 2004 (BCIPA) came into effect in Queensland in October, 2004. Through a statutory-based adjudication process a claimant can seek to resolve payment on account disputes. The act covers construction, and related supply of goods and services, contracts, whether written or verbal. BCIPA

7056-633: Was not the case in the pre-independence era when business houses such as the Tatas and the Dalmias set up industries in these states, and most of the engineering industry was located in West Bengal. Following the end of the policy in the early 1990s, these states did not catch up with more industrialized states. In 1996, the Commerce & Industry Minister of West Bengal complained that "the removal of

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