Grappling with water disputes

The Hindu

Grappling with water disputes
21,Dec,2016

Grappling with water disputes

A permanent tribunal to adjudicate (निर्णय करना/फैसला करना) river water disputes between States will undoubtedly be a vast improvement over the present system of setting up ad hoc (विशेष/किसी ख़ास स्थिति के लिए) tribunals. The Union Cabinet’s proposal to have a permanent tribunal that will subsume (के अंतर्गत करना/सम्मिलित करना) existing tribunals is expected to provide for speedier adjudication. But whether this will resolve the problem of protracted proceedings is doubtful. Given the number of ongoing inter-State disputes and those likely to arise in future, it may be difficult for a single institution with a former Supreme Court judge as its chairperson to give its ruling within three years. Secondly, its interlocutory (अन्तर्ववर्ती) (of a decree or judgment) given provisionally during the course of a legal action.) orders as well as final award are likely to be challenged in the Supreme Court. This month, in a landmark verdict (निर्णय/फैसला), the Supreme Court said it had unfettered (निरंकुश) power to hear an appeal arising from a river water dispute tribunal under Article 136 of the Constitution. It has interpreted the ouster clause in the Inter-State Water Disputes Act as one that merely bars the court from entertaining an original complaint or suit on its own, but not its power to hear appeals against a tribunal’s decisions. Thus, finality and enforcement of a tribunal’s award may remain elusive. The idea of a Dispute Resolution Committee, an expert body that will seek to resolve inter-State differences before a tribunal is approached, will prove to be another disincentive for needless litigation (मुकदमा) .

A positive feature of the proposed changes is that there will be an expert agency to collect data on rainfall, irrigation and surface water flows. This acquires importance because party-States have a tendency to fiercely question data provided by the other side. A permanent forum having reliable data in its hands sounds like an ideal mechanism to apportion (विभाजित करना/बांटना) water. However, a confusing aspect is that benches of the permanent tribunal are going to be created to look into disputes as and when they arise. It is not clear in what way these temporary benches would be different from the present tribunals. A larger and more significant downside to any adjudicatory framework is the refusal or reluctance of parties to abide by judicial orders. Having an institutional mechanism is one thing, but infusing a sense of responsibility in those helming State governments is quite another. What is at stake is not merely a set of competing claims over riparian (तटवर्ती/तटीय) rights. Water disputes have humanitarian (मानवतावादी) dimensions, including agrarian (कृषि संम्बन्धी) problems worsened by drought and monsoon failures. Adjudication, by whatever mechanism, should not be at the mercy of partisan (पक्षपातपूर्ण) leaders who turn claims into dangerously emotive issues. Institutional mechanisms should be backed by the political will to make them work.

Vocabulary from this editorial

Adjudicate (Verb)

Make a formal judgment on a disputed matter. / pronounce or declare judicially. निर्णय करना/फैसला करना

Synonyms: Arbitrate, Judge, Adjudge, Decide, Determine

Example: The administrative board will adjudicate on the terms of the engineer’s suspension for misconduct.

Ad hoc (adjective)

For or concerned with one specific purpose. / created or done for a particular purpose as necessary. विशेष/किसी ख़ास स्थिति के लिए

Synonyms: Impromptu, Extemporaneous, Emergency, Specific

Example: The collaboration among the teachers is an ad hoc project designed to improve student morale.

Subsume (Verb)

Encompass as a subordinate or component element./ to include or place within something larger or more comprehensive. के अंतर्गत करना/सम्मिलित करना

Synonyms: Contain, Incorporate, Involve, Include, Encompass

Example: Games and team sports are subsumed under the classification of “recreation”.

Verdict (noun)

An opinion or judgment. फैसला /निर्णय

Synonyms: Decision, Judgment, Ruling, Adjudication, Conclusion, decree

Example: Everyone was expecting a guilty verdict, but the severity of the sentence was somewhat of a surprise.

Unfettered (adjective)

Not confined or restrained. निरंकुश

Synonyms: Free, Loose, Liberated, Allowed, Unrestrained, Unrestricted, Unconstrained, Unconfined, Unimpeded

Example: Illegal drug sales go unfettered under the ignorant eyes of the crooked sheriff.

Litigation (noun)

The process of taking legal action. मुकदमा

Synonyms: Lawsuit, Case, Prosecution, Exordium, Judicial Proceeding

Example: We will have to litigate the matter if we face further harassment from opposition party.

Apportion (Verb)

Divide up and share out./ distribute according to a plan. विभाजित करना/बांटना

Synonyms: Share Out, Divide, Allocate, Distribute, Allot, Dispense

Example: The charity will apportion funds in a manner that will allow it to feed as many people as possible.

Riparian (adjective)

Relating to or situated on the banks of a river. तटवर्ती/तटीय

Synonyms: Onshore, Coastal, Circumlittoral, Inshore, Riverian

Example: The Riparian areas are generally most prolific one due to alluvial soil.

Agrarian (adjective)

Relating to cultivated land or the cultivation of land. कृषि संम्बन्धी

Synonyms: Agricultural, Natural, Peasant, Rustic, Uncultivated, Predial

Example: In the agrarian industry, the farmers nurture the land because it is the source of their incomes.

Partisan (adjective)

Prejudiced in favor of a particular cause. पक्षपातपूर्ण

Synonyms: Biased, Prejudiced, One-Sided, Discriminatory, Preferential, Partial

Example: The partisan press members made a point of criticizing every move the president made.

Elite (noun)

A person or group of persons who by virtue of position or education exercise much power or influence. विशिष्ट/उत्कृष्ट

Synonyms: Noble, Picked, Elected, Selected

Example: With this goal, he joins the elite group of those players who have scored over 1,000 points in their career.

Propaganda (noun)

Information that is spread for the purpose of promoting some cause. मत प्रचार

Synonyms: Advertising, Publicity, Advocacy, Dissemination, Promulgation

Example: During election season, politicians often try and beat their rivals by airing propaganda on television.

Ethnicity (noun)

The fact or state of belonging to a social group that has a common national or cultural tradition. जातीयता

Synonyms: Nationality, Race, Back, Ground, Identity, Origin

Example: His ethnicity is unclear, he has both Asian and African features.

Dilemma (noun)

A situation in which a difficult choice has to be made between two or more alternatives, especially ones that are equally undesirable. असमंजस/दुविधा

Synonyms: Confusion, Abeyance, Irresoluteness, Quandary, Predicament, Puzzle, Conundrum

Example: Our teacher presented us with a dilemma when he shared that we could choose where to take our yearly field trip.

Impasse (noun)

A situation in which no progress is possible, especially because of disagreement. कठिन स्थिति

Synonyms: Deadlock, Dead End, Stalemate, Checkmate, Stand-Off, Standstill, Halt

Example: The court ended in an impasse when the members could not break a tie vote on the defendant’s guilt.

Subterfuge (noun)

The action of deceiving; misrepresentation/ deceit used in order to achieve one's goal. चाल/दांव

Synonyms: Trickery, Deviousness, Deceit, Deception, Dishonesty, Cheating, Duplicity, Guile

Example: Investigators often resort to subterfuge in an attempt to make criminals admit wrongdoing.

Confluence (noun)

An act or process of merging. / a circumstance where two things merge or occur simultaneously. मेल/संगम

Synonyms: Assemblage, Junction, Merging, Concourse, Concurrence, Conflux

Example: The confluence of warm and cold temperatures is going to create a powerful storm.

Rhetoric (adjective)

Study of the technique and rules for using language effectively, the art of speaking. शब्दाडंबरपूर्ण/वक्रपटुता

Synonyms: Hyperbole, Oratory, Balderdash, Linguistic, Elocution

Example: If someone does not stop the political rhetoric in the country, a civil war is likely to break out soon.

Emanate (Verb)

Originate from; be produced by./ to come out from a source. निर्गत होना/उत्पन्न या उद्धभव होना

Synonyms: Arise, Derive, Emerge, Emit, Exude Originate, Initiate

Example: After the hurricane, the east coast insurance office will process any claims that emanate from within the southern portion of the United States.

Cogent (adjective)

Very clear and easy for the mind to accept and believe with impact. प्रभावशाली/ ठोस

Synonyms: Convincing, Firm, Solid, Persuasive

Example: The politician's cogent argument against the war won him many votes in the election.

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