New Delhi/Bengaluru: In a significant U-turn, the Centre on Monday moved the Supreme Court seeking a recall of the order passed on September 30, that directed that a Cauvery Management Board be set up, on or before October 4, to assess the ground realities in the Cauvery river basin.
Taking it a step forward, the Centre's Union water resources secretary, S. Shashi Shekhar who filed the affidavit also argued that it was the prerogative of the Parliament to constitute a river management board, and therefore, the issue did not fall in the domain of judiciary.
Attorney General Mukul Rohatgi said before a Bench of Justices Dipak Misra and Uday Lalit that the order was passed because of his "mistake" as there is an embargo on the Supreme Court from passing orders to form a Cauvery management board under Article 262 of the Constitution, read with Section 11 of the Inter-State River Disputes Act, 1956.
Quoting Article 262, he said the Supreme Court cannot entertain any matter pertaining to an inter-State river dispute once a tribunal set up under parliamentary legislation has passed its final order.
He also contended that the constitution of a CMB by the Cauvery Water Disputes Tribunal was only a “recommendation”, which the Centre could choose to either accept or reject.
Justice Misra however told the AG that the Centre's understanding of Article 262 was wrong as the embargo related to only original disputes and not to final awards of the Tribunal.
The Bench, however, posted the Centre's application for hearing on October 4.In its application, the Centre said the Final award of the Cauvery Tribunal recommended setting up of a Cauvery Management Board on the lines of Bhakra-Beas Management Board.
It said setting up of a Board is a part of legislative exercise. Questioning the correctness of the order passed by the apex court, the Centre said by setting up of a Board of this nature, the Central Government is denuded of its power under the Inter State Water Disputes Act of 1956 to frame a scheme based on an award which goes through a legislative process by placing thereof before the Parliament and final say is vested in the Parliament.
Therefore, the Centre said, “the fresh direction given by the SC be reviewed and recalled”.
Assembly backs water to Tamil Nadu
With a modification of the first resolution adopted by the legislature which clears the release of an unspecified amount of water from Mandya to Biligundlu, the state government has avoided the Damocles sword of contempt of court, and released Cauvery water to Tamil Nadu, under the guise of saving the water-starved crops of farmers in the Cauvery basin area. The new resolution, adopted on Monday, also pointed at the slight improvement in water levels in four reservoirs-34.13 TMC feet now, as against 27.60 TMC ft on September 23, when the legislature adopted the first resolution to release water only to slake the thirst of people in the Cauvery basin and the cities of Mandya, Mysuru and Bengaluru.
“The SC has said we have to release 6000 cusecs of water. We have to respect the court order. We are also expecting some quantum of water (rainfall)," CM Siddaramaiah told the Assembly, without making any reference about release to Tamil Nadu.
Two red lines... and a breather
The state government has to submit an update to the SC on the quantum of water released to TN by 2 00 pm on Tuesday, and lay out its case again, when an older case, pertaining to the same matter comes up for hearing on October 18
The state govt has decided to retain the services of senior counsel Fali S. Nariman though leaders of BJP demanded his replacement for backing out during the previous hearing on Sept. 30
