Polity · 24 Jul 2026

Article 262 river water disputes

With reference to Paragraph 4 of the Tenth Schedule of the Constitution, consider the following statements:

  1. It protects a legislator from disqualification only if their original political party merges with another party.
  2. A two-thirds majority of the legislature party agreeing to a merger is, by itself, sufficient to satisfy Paragraph 4, even without an organisational merger of the original party.
  3. The Kihoto Hollohan v. Zachillhu (1992) judgment made the Speaker's decisions on disqualification final and not subject to judicial review.
  4. The Speaker's recognition of a merger under Paragraph 4 can be challenged before the Supreme Court.

How many of the above statements are correct?

AArticle 262 empowers Parliament to provide for the adjudication of inter-state river water disputes and to exclude the jurisdiction of the Supreme Court and other courts over such disputes
BArticle 262 vests exclusive original jurisdiction over inter-state river water disputes directly in the Supreme Court
CArticle 262 requires the President to personally adjudicate inter-state river water disputes on the advice of the Council of Ministers
DArticle 262 mandates that all inter-state river water disputes be resolved only through unanimous agreement between the concerned state legislatures
This question is based on: Shiv Sena (UBT) moves SC against Speaker's recognition of MPs' merger with Shinde faction
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About this question

Why in news

The Cauvery Water Management Authority directed Karnataka and Tamil Nadu to confine reservoir storage strictly to drinking water needs this week, citing a deficit monsoon and warning of a "distress year" in the basin.

Why for UPSC

Article 262 and the cooperative federalism framework for river disputes is a well-established UPSC theme and the "exclude court jurisdiction" clause is a frequently confused specific detail worth testing directly.

Prelims summary

Article 262 empowers Parliament to legislate for inter-state river water dispute adjudication and to exclude Supreme Court/other courts' jurisdiction over such disputes - the basis for tribunals and bodies like the CWMA.

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