Water Law, Transboundary Rivers and India: Legal Mechanisms in the Era of Climate Change
Abstract
Water is one of the most critical natural resources in the twenty-first century, and its governance determines the
stability of nations, the vitality of ecosystems, and the sustainability of economies. India, with its dense
population, agrarian dependence, and monsoon-driven hydrology, sits at the heart of South Asia’s water crisis.
The country shares more than fifty transboundary rivers with its neighbours—Pakistan, China, Nepal, Bhutan,
Bangladesh and Myanmar—each river system representing a lifeline for millions and a potential flashpoint for
conflict. The contemporary era of climate change has compounded existing vulnerabilities: erratic rainfall,
accelerated glacier melt, and prolonged droughts have destabilised traditional patterns of water availability and
created unprecedented stress on both domestic and transboundary governance mechanisms. In this context,
India’s legal and institutional architecture for water management must be examined not only as an
environmental necessity but as an evolving field of international law, constitutional federalism, and human
rights.
The abstract of this research paper situates India’s water law within the broader international regime governing
shared rivers, highlighting how global norms—such as the 1997 United Nations Convention on the Law of the
Non-Navigational Uses of International Watercourses, the Helsinki Rules, and the Berlin Rules—intersect with
India’s bilateral treaties, including the Indus Waters Treaty (1960), the Ganga Treaty (1996), and the Mahakali
Treaty (1996). The study explores how these frameworks address (or fail to address) the new realities of climate
variability, ecological degradation, and rising water demand. It also analyses the interaction between India’s
domestic water law—anchored in constitutional distribution of powers between Union and States, judicial
interpretations, and environmental legislation—and its external obligations as an upper and lower riparian state.
stability of nations, the vitality of ecosystems, and the sustainability of economies. India, with its dense
population, agrarian dependence, and monsoon-driven hydrology, sits at the heart of South Asia’s water crisis.
The country shares more than fifty transboundary rivers with its neighbours—Pakistan, China, Nepal, Bhutan,
Bangladesh and Myanmar—each river system representing a lifeline for millions and a potential flashpoint for
conflict. The contemporary era of climate change has compounded existing vulnerabilities: erratic rainfall,
accelerated glacier melt, and prolonged droughts have destabilised traditional patterns of water availability and
created unprecedented stress on both domestic and transboundary governance mechanisms. In this context,
India’s legal and institutional architecture for water management must be examined not only as an
environmental necessity but as an evolving field of international law, constitutional federalism, and human
rights.
The abstract of this research paper situates India’s water law within the broader international regime governing
shared rivers, highlighting how global norms—such as the 1997 United Nations Convention on the Law of the
Non-Navigational Uses of International Watercourses, the Helsinki Rules, and the Berlin Rules—intersect with
India’s bilateral treaties, including the Indus Waters Treaty (1960), the Ganga Treaty (1996), and the Mahakali
Treaty (1996). The study explores how these frameworks address (or fail to address) the new realities of climate
variability, ecological degradation, and rising water demand. It also analyses the interaction between India’s
domestic water law—anchored in constitutional distribution of powers between Union and States, judicial
interpretations, and environmental legislation—and its external obligations as an upper and lower riparian state.