Section 4 of ISRWD Act, 1956 : Section 4: Constitution Of Tribunal

Explanation using Example

Imagine the state of State A and State B in India are in conflict over the sharing of waters from River X. State A believes that it is not receiving a fair share of water from River X, which also flows through State B. After several rounds of unsuccessful negotiations, State A requests the Central Government to intervene in the dispute as per Section 3 of The Inter-State River Water Disputes Act, 1956.

The Central Government, upon reviewing the request, determines that negotiations are unlikely to resolve the conflict. Acting as per Section 4 of the Act, within one year from the date of receiving State A's request, the Central Government issues a notification in the Official Gazette to establish a Water Disputes Tribunal to adjudicate the dispute between State A and State B.

Following the provisions of Section 4(2), the Chief Justice of India nominates a Chairman and two other members, all of whom are either Supreme Court or High Court judges, to the Tribunal. Additionally, as per Section 4(3), the Central Government, after consulting with the Tribunal, appoints two assessors to assist the Tribunal in its proceedings.

The Tribunal thus formed will now examine the water dispute in detail, taking into account the legal, technical, and practical aspects before making a decision.