Bengaluru: Legal and Constitutional experts believe the state should comply with the Supreme Court order directing it to release 6000 cusecs of Cauvery water to Tamil Nadu for three days while adjourning the hearing to September 30.
They warn that if Karnataka again defies the Supreme Court it could invite contempt of court and also point out that the court can overrule its resolution on the issue.” In interstate disputes, any resolution adopted by either state is not sustainable in law,” they explain.
Said former advocate general , Ashok Harnahalli: “When there is a disputes between two states, the resolution adopted in the legislature by one state is not sustainable. The highest court has every power to strike it down. The government must obey the court order by overruling the resolution adopted in the House. In this case, the court has ordered release of 6000 cusecs each day for three days. Politically, it would be impossible for the government to comply with the order since the entire House has unanimously passed the resolution. But if it defies the order, the court may come down heavily on it for non -compliance and there is a chance it could direct the Centre to confiscate our four reservoirs and direct it to release the water. I personally think today’s order is not very harsh. To comply with it, the state doesn’t need to convene another special session. The government can take a call on the issue.”
Former advocate general, Udaya Holla, warns that if the government goes by the House resolution, the Supreme Court could take action for contempt. “Both states have put forth their views. If we stick to the House resolution, we could be held guilty of contempt,” he added.
