Articles 262 and 263 of the Constitution of India: Inter-State Water Disputes and Inter-State Council
Articles 262 and 263 form part of the constitutional framework governing relations among the Union and the States. Article 262 concerns adjudication of disputes relating to waters of inter-State rivers or river valleys. Article 263 empowers the President to establish an Inter-State Council when the public interest would be served by such a body.
Article 262 - Adjudication of disputes relating to waters of inter-State rivers or river valleys
Meaning: Article 262 gives Parliament constitutional authority to make a law for adjudicating disputes or complaints concerning the use, distribution or control of the waters of an inter-State river or river valley. It also permits Parliament to provide by law that the Supreme Court and other courts shall not exercise jurisdiction over disputes covered by Article 262(1).
Article 262 - Constitutional provision
(1) Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of, or in, any inter-State river or river valley.
(2) Notwithstanding anything in this Constitution, 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 as is referred to in clause (1).
What Article 262 does
Clause (1) is an enabling provision: it authorises Parliament to create a statutory mechanism for adjudicating specified inter-State water disputes. Clause (2) is a non-obstante provision. It enables Parliament, through legislation, to exclude the jurisdiction of the Supreme Court and other courts in respect of disputes or complaints falling within clause (1), subject to the terms of the law enacted by Parliament.
Inter-State River Water Disputes Act, 1956
Parliament enacted the Inter-State River Water Disputes Act, 1956 under Article 262. The Act provides a statutory process for adjudication of water disputes between State Governments concerning inter-State rivers and river valleys.
Important definitions and provisions
Section 2(c) - Water dispute: The Act defines a "water dispute" as a dispute or difference between two or more State Governments concerning specified matters, including the use, distribution or control of waters of an inter-State river or river valley, interpretation or implementation of agreements relating to such waters, and specified water-rate issues.
Section 3 - Complaint by a State Government: Where a State considers that a water dispute with another State has arisen or is likely to arise and its interests, or those of its inhabitants, are prejudicially affected in the manner specified by the Act, it may request the Central Government to refer the dispute for adjudication.
Section 4 - Constitution of Tribunal: The provision governs constitution of a Water Disputes Tribunal when the statutory conditions are satisfied.
Section 11 - Bar of jurisdiction: The Act contains the statutory exclusion of jurisdiction of the Supreme Court and other courts in respect of a water dispute that may be referred to a Tribunal under the Act.
Article 263 - Provisions with respect to an Inter-State Council
Meaning: Article 263 authorises the President to establish a Council if, at any time, it appears that the public interest would be served by doing so. The President's order may define the Council's duties, organisation and procedure.
Article 263 - Constitutional provision
If at any time it appears to the President that the public interests would be served by the establishment of a Council charged with the duty of:
(a) inquiring into and advising upon disputes which may have arisen between States;
(b) investigating and discussing subjects in which some or all of the States, or the Union and one or more of the States, have a common interest; or
(c) making recommendations upon any such subject and, in particular, recommendations for the better co-ordination of policy and action with respect to that subject;
it shall be lawful for the President by order to establish such a Council, and to define the nature of the duties to be performed by it and its organisation and procedure.
Nature of the Inter-State Council
The functions contemplated by Article 263 are primarily inquiry, advice, discussion, investigation, recommendation and coordination. The constitutional text does not make the Council an adjudicatory tribunal. The Inter-State Council was established by Presidential Order in 1990 as a forum for coordination and discussion on matters of common interest between the Union and States and among States.
Difference between Article 262 and Article 263
Article 262 specifically concerns adjudication of disputes or complaints relating to the waters of inter-State rivers or river valleys and enables Parliament to legislate for that purpose, including exclusion of court jurisdiction in covered disputes.
Article 263 concerns an inter-governmental council that may inquire into and advise upon inter-State disputes and may investigate, discuss and recommend measures concerning subjects of common interest. Its role is consultative and coordinative rather than the specialised adjudicatory mechanism contemplated under Article 262.
Official resources
For the authoritative constitutional text and current statutory material, readers should consult the Government of India sources linked in the right sidebar. The statutory text should be checked for amendments, notifications and rules applicable to the particular dispute.
Page reviewed and redrafted: 19 September 2026.