Karnataka-TN water row: SC gives Centre three months to set up Pennaiyar dispute tribunal

Apex court rejects the central government's request for six months to constitute the tribunal.

BySouth First Desk

Published Dec 14, 2022 | 7:40 PMUpdatedDec 14, 2022 | 7:40 PM

The Supreme Court Collegium has recommended the transfer of a total of 23 judges across various high courts. (Creative Commons)

The Supreme Court on Wednesday, 14 December, directed the central government to constitute a water dispute tribunal within three months to resolve the dispute over sharing of Pennaiyar river water between Karnataka and Tamil Nadu.

Earlier, a bench of Justice MR Shah and Justice CT Ravikumar rejected the Centre’s request seeking six months to form the tribunal.

Noting the slow progress in resolving the matter, the court asked if the government was interested in constituting the tribunal. “We give you a month’s time, otherwise we will proceed with the (hearing) of the matter,” the court said.

The court, initially, gave only a month to set up the tribunal.

Additional Solicitor General Aishwarya Bhati submitted before the court that the government had tried to resolve the issue through negotiation and mediation last month, but failed. She told the court that a cabinet note was prepared and the minister of Jal Shakti has approved it.

Bhati told the court that the cabinet note has been circulated among the ministries concerned and the Prime Minister’s Office for comments and observations. She said that the process would take two weeks.

After preparing the final note, it would be placed before the Cabinet for approval.

Also read: SC to Cauvery authority: No discussion on Karnataka’s Mekedatu dam plan

Court rejects Centre’s argument

The court did not accept the argument. It observed that since Parliament is in session, a Cabinet meeting could be convened anytime.

“We cannot grant you six months,” Justice Shah said pointing out that the application for constituting tribunal has been pending for a long time.

“Everything can be done in 24 hours,” he added.

Tamil Nadu approached the top court on 18 May, 2018, seeking a directive to the Centre to set up a tribunal.

Noting that Tamil Nadu has not taken recourse to Section 3 of the Inter-State River Dispute Act, 1956, invoking the powers of the central government and seeking the constitution of an Inter-State River Water Dispute Tribunal, the apex court on 14 November, 2019, asked the state to present an appropriate application.

“In the circumstances, all we can do at this stage is to permit the plaintiff (Tamil Nadu) to make an appropriate application invoking the powers of the central government in terms of the provisions of the Act and seek the constitution of an Inter-State River Water Disputes Tribunal. If the plaintiff is so advised, such request may be made within four weeks from the date of this order,” the court had said in November, 2019.

Also read: What the Karnataka-Maharashtra border dispute is all about