Jaishankar allays Sanjay Jha’s concerns about Farakka water sharing treaty
2-minute summary
The Farakka Water Sharing Treaty, a historic 30-year bilateral agreement signed between India and Bangladesh on December 12, 1996, is set to expire in 2026. External Affairs Minister S. Jaishankar recently assured Bihar's ruling party ally, the Janata Dal (United), that the state's drinking, irrigation, and industrial water needs will be fully factored into the treaty's renewal process. Bihar has historically raised serious concerns over the Farakka Barrage, arguing that it has caused massive upstream siltation, raised the Ganga's riverbed, and exacerbated annual flooding while reducing dry-season water availability. The Ministry of Jal Shakti has held multiple inter-ministerial and stakeholder consultations, including representatives from Bihar, to comprehensively examine the treaty's future. This issue highlights the delicate balance between India's neighborhood diplomacy and cooperative federalism, as transboundary water sharing directly impacts domestic federal states.
Why it's in the news
External Affairs Minister S. Jaishankar assured Rajya Sabha MP Sanjay Jha that Bihar's water interests will be protected during the upcoming renewal of the 1996 Farakka Water Sharing Treaty between India and Bangladesh, which completes its 30-year term in 2026.
Facts to remember
- The Farakka Water Sharing Treaty is a historic 30-year bilateral agreement signed between India and Bangladesh on December 12, 1996.
- Article 253 empowers Parliament to make laws to implement international treaties, agreements, and conventions, overriding the State List.
- Article 262 provides for the adjudication of disputes relating to waters of inter-State rivers or river valleys.
- Entry 56 of List I in the Seventh Schedule grants the Union government power over the regulation and development of inter-state rivers.
Background and context
The Farakka Barrage was commissioned by India in 1975 to divert water from the Ganga River into the Hooghly River to flush out silt and keep the Kolkata Port operational. However, this diversion reduced the dry-season flow of water into Bangladesh, leading to bilateral tensions. To resolve this, India and Bangladesh signed the historic 30-year Ganga Water Sharing Treaty on December 12, 1996. The treaty established a formula for sharing the dry-season flow (January to May) at Farakka. As the treaty approaches its 2026 renewal deadline, upstream states like Bihar have raised serious concerns. Bihar argues that the barrage has caused massive siltation upstream, raising the riverbed of the Ganga, which leads to severe annual flooding in Bihar and reduces water availability for drinking, agriculture, and industries during the dry season.
Constitutional provisions
- Article 253 — Empowers Parliament to make laws for the entire or any part of India to implement international treaties, agreements, and conventions, overriding the State List.
- Article 262 — Provides for the adjudication of disputes relating to waters of inter-State rivers or river valleys.
- Seventh Schedule (List I, Entry 56) — Grants the Union government power over the regulation and development of inter-state rivers and river valleys.
- Seventh Schedule (List II, Entry 17) — Grants State governments power over water supplies, irrigation, canals, drainage, embankments, water storage, and water power, subject to Entry 56 of List I.
Committees and reports
- India-Bangladesh Joint Rivers Commission (JRC) — A bilateral institutional mechanism established to resolve water-sharing disputes, manage common transboundary rivers, and coordinate flood forecasting.
International organisations
- India-Bangladesh Joint Rivers Commission (JRC) — Facilitates joint efforts in maximizing benefits from 54 common transboundary river systems and implementing water-sharing agreements.
Mains practice: The upcoming renewal of the Farakka Water Sharing Treaty highlights the intersection of India's foreign policy and cooperative federalism. Analyze the challenges faced by riparian states like Bihar and suggest a way forward.
The 30-year Farakka Water Sharing Treaty (1996) between India and Bangladesh is set to expire in 2026. While crucial for bilateral ties, its renewal brings to the fore domestic federal concerns, particularly from upstream states like Bihar.
**Challenges Faced by Riparian States (Bihar's Concerns):**
• **Siltation and Flooding:** The Farakka Barrage has led to massive accumulation of silt upstream in Bihar. This raises the riverbed, reducing the water-carrying capacity of the Ganga and causing severe annual floods.
• **Water Scarcity:** During the dry season (January-May), water release commitments to Bangladesh and the diversion to Kolkata Port leave Bihar facing shortages for drinking, irrigation, and industrial needs.
• **Ecological Degradation:** Altered river flow affects local aquatic biodiversity, agricultural productivity, and groundwater recharge in the basin.
**The Federal-Foreign Policy Friction:**
• Under Article 253, the Central Government has exclusive power to conclude international treaties. However, 'Water' is primarily a State subject (Entry 17, State List).
• Unilateral treaty renewals without robust state consultation can lead to political friction and hinder implementation, as seen historically with the Teesta water dispute involving West Bengal.
**Way Forward:**
• **Scientific Assessment:** Conduct a comprehensive, independent study on siltation and ecological impacts of the Farakka Barrage to guide treaty modifications.
• **Cooperative Federalism:** Institutionalize a formal consultative mechanism involving the Ministry of Jal Shakti, Ministry of External Affairs, and riparian states (Bihar, West Bengal) before finalizing treaty terms.
• **Modernized Water Management:** Shift from simple volumetric water-sharing to holistic river basin management, focusing on dredging, silt management, and ecological flows.
Balancing neighborhood diplomacy with domestic regional aspirations is vital. A consultative, scientifically-backed renewal of the Farakka Treaty will strengthen India's federal fabric while securing its strategic partnership with Bangladesh.
Prelims practice questions
Q1. With reference to the Farakka Barrage, consider the following statements: 1. It was constructed to divert water from the Ganga River into the Hooghly River to flush out silt from the Kolkata Port. 2. The Farakka Water Sharing Treaty of 1996 was signed as a trilateral agreement between India, Bangladesh, and Nepal. Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Answer: A. Statement 1 is correct; the primary purpose of the barrage was to divert water to the Hooghly River to maintain the navigability of Kolkata Port. Statement 2 is incorrect; the 1996 treaty is a bilateral agreement strictly between India and Bangladesh.
Q2. Which Article of the Constitution of India empowers the Parliament to enact laws for implementing international treaties and agreements, even if the subject falls under the State List?
- Article 262
- Article 249
- Article 253
- Article 250
Answer: C. Article 253 of the Indian Constitution gives Parliament the power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement, or convention with any other country or countries.
Q3. Consider the following statements regarding the India-Bangladesh Joint Rivers Commission (JRC): 1. It was established in 1972 to facilitate joint efforts in maximizing benefits from common river systems. 2. It is a statutory body established under India's Inter-State River Water Disputes Act, 1956. Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Answer: A. Statement 1 is correct; the JRC was established in 1972 following the independence of Bangladesh to manage transboundary rivers. Statement 2 is incorrect; it is a bilateral international body established by treaty/executive agreement between India and Bangladesh, not under India's domestic Inter-State River Water Disputes Act, 1956.
Revision flashcards
- When was the Farakka Water Sharing Treaty signed and what is its duration? It was signed on December 12, 1996, for a duration of 30 years, making it due for renewal in 2026.
- Which Indian state has raised major concerns regarding siltation and flooding due to the Farakka Barrage? Bihar, which argues that the barrage causes heavy upstream siltation, leading to severe annual floods and dry-season water scarcity.
- Under which Article of the Indian Constitution can Parliament legislate on State List subjects to implement international treaties? Article 253.
- What is the primary purpose of the Farakka Barrage located in West Bengal? To divert water from the Ganga River into the Hooghly River to flush out silt and keep Kolkata Port navigable.
- Which bilateral institution manages transboundary river issues between India and Bangladesh? The India-Bangladesh Joint Rivers Commission (JRC), established in 1972.