Explained: The Odisha-Chhattisgarh Mahanadi river dispute, amid new tribunal warning

What Happened

• The Mahanadi Water Disputes Tribunal issued a final warning to the two riparian states in its March 28, 2026 order, expressing dissatisfaction with the slow pace of proceedings and the lack of any concrete progress toward an amicable settlement.
• The Tribunal noted that despite forming Joint Technical Committees (JTCs) and holding multiple rounds of talks, no substantial proposal or agreement had been placed before it. It recorded: "We are not particularly pleased with the way the proceedings are being managed."
• The Central Government has extended the Tribunal's tenure by nine months, pushing its deadline to January 13, 2027. This extension provides a final window for settlement.
• At the root of the dispute is an allegation that one state has constructed barrages and reservoirs in the upper catchment that reduce the volume of water flowing downstream, affecting irrigation, drinking water supply, and the Hirakud Dam reservoir in the lower riparian state.

Static Topic Bridges

Article 262 — Inter-State Water Disputes

Article 262 of the Indian Constitution grants Parliament the power to provide for the adjudication of any dispute relating to the use, distribution, or control of waters of any inter-state river or river valley. It has two key clauses:

• Article 262(1): Parliament may by law provide for the adjudication of any dispute with respect to the use, distribution or control of the waters of, or in, any inter-state river or river valley.
• Article 262(2): Parliament may by law provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint.

Significance: Article 262(2) is extraordinary — it is one of the few provisions in the Constitution that explicitly ousts the jurisdiction of the Supreme Court. This makes the tribunal the final adjudicating authority for inter-state water disputes; parties cannot directly approach the Supreme Court.

Inter-State River Water Disputes Act, 1956 — Key Provisions

The ISRWD Act, 1956 provides the statutory framework for constituting and operating water disputes tribunals.

Key provisions: - Section 3: A State Government may request the Central Government to refer a water dispute for adjudication by a tribunal. - Section 4: The Central Government constitutes a tribunal if the dispute cannot be settled by negotiations. - Section 5: The Tribunal consists of a Chairman and two other members, all nominated by the Chief Justice of India from among serving or retired judges of the Supreme Court or High Courts. - Section 5(4): The Tribunal must submit its report within three years, extendable by the Central Government. - Section 6: The Tribunal's award, once published in the Gazette, is final and binding on all parties and governments. - Section 11: Bars courts (including the Supreme Court) from exercising jurisdiction over inter-state water disputes.

Mahanadi Water Disputes Tribunal — Constitution and Progress

The Mahanadi Water Disputes Tribunal was constituted by the Central Government on March 12, 2018, following a formal request by Odisha in 2016.

Composition (as of 2026): - Chairperson: Justice Bela M. Trivedi (Supreme Court Judge — appointed after Justice A.M. Khanwilkar's tenure ended) - Members: Justice Ravi Ranjan and Justice Indermeet Kaur Kochhar

Background of the dispute: - The roots of the conflict date to 1983, when the present-day state of Chhattisgarh was still part of Madhya Pradesh. - After Chhattisgarh was carved out of Madhya Pradesh in 2000, it emerged as the upper riparian state with significant control over the Mahanadi's upper catchment. - The grievance of the lower riparian state is that construction of reservoirs and barrages in the upper catchment has reduced water availability for its agricultural, industrial, and domestic needs. - No inter-state agreement on water-sharing exists between the two states.

Current status (2026): - Six meetings of the Joint Technical Committee have been held. - The Tribunal recorded "no substance or concrete progress" in submitted status notes. - Tenure extended by nine months to January 13, 2027. - If no amicable settlement is reached, the Tribunal will proceed to a merit-based (adjudicatory) award.

The Mahanadi River — Physical Geography

Understanding the river system is essential for contextualising the dispute.

Principles for Adjudicating Inter-State Water Disputes

When tribunals adjudicate water disputes, they typically apply established international and domestic legal principles:

• Principle of equitable apportionment: Waters of an inter-state river should be distributed equitably among riparian states, considering their needs, existing uses, and development potential.
• Prior appropriation: Prior use of water creates a stronger claim; established uses are protected.
• Harmon Doctrine (rejected in India): The doctrine that an upper riparian has absolute sovereignty over water within its territory — rejected in India in favour of equitable sharing.
• Doctrine of reasonable use: Each state may use the waters of an inter-state river to the extent that such use does not prejudice the rights of other riparian states.

Key Facts & Data

• Article 262: Empowers Parliament to adjudicate inter-state river disputes; ousts Supreme Court jurisdiction
• Inter-State River Water Disputes Act, 1956: Statutory basis for tribunals
• Mahanadi Water Disputes Tribunal: Constituted March 12, 2018
• Tribunal composition: 3 members — Chairman + 2 judges nominated by Chief Justice of India
• Current chairperson: Justice Bela M. Trivedi
• Extended tenure deadline: January 13, 2027 (extended by 9 months)
• March 2026 warning: Tribunal expressed dissatisfaction with "no substance or concrete progress"
• Dispute origin: 1983 (pre-bifurcation); intensified after Chhattisgarh statehood in 2000
• Joint Technical Committee meetings held: 6 (as of early 2026)
• Mahanadi length: ~851–900 km; catchment ~1,41,600 sq km
• Hirakud Dam: First major multipurpose dam post-Independence; ~26 km long earthen dam at Sambalpur, Odisha
• Gangrel/Ravishankar Dam: Major upstream dam in Dhamtari district, Chhattisgarh
• Section 11, ISRWD Act: Bars courts from exercising jurisdiction over inter-state water disputes
• Section 6, ISRWD Act: Tribunal award, once gazetted, is final and binding
• Other active water dispute tribunals: Krishna, Cauvery, Vansadhara (illustrative examples)