Stop defying us, SC tells K'taka, sets deadline for release of Cauvery water
New Delhi: The Supreme Court on Monday asked the Karnataka government to stop defying its orders on release of 6000 cusecs of Cauvery water to Tamil Nadu, and instructed it to appraise the top court of the same by 2 pm on Tuesday.
The Karnataka state cabinet held a special legislature session on Monday to discuss the verdict of the Supreme Court.
Meanwhile, the Centre sought modification of the apex court order to set up Cauvery Water Management Board (CWMB).
The Centre’s U-turn came about two days after it had readily agreed to the court's direction to form a board by October 4 and submit a field report on the ground realities at the Cauvery basin by October 6.
According to a report, Attorney General Mukul Rohatgi submitted in the Supreme Court that the apex court had no jurisdiction to direct the Centre to constitute a Cauvery management board, as this would constitute an encroachment on legislative powers.
Rohatgi said the Modi government’s earlier acceptance of the direction was his "mistake", and said there was 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.
Rohatgi contended that Article 262 mandated that 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.
In effect, this means that the Supreme Court has no right to entertain any petitions or applications post the 2007 Cauvery Water Disputes Tribunal final order.
However, the top court rejected this interpretation of Article 262 by the AG, saying that the Centre's understanding of it was wrong as the embargo related to only original disputes.
Rohatgi called for an urgent hearing on this point on October 4, which was granted after the bench slammed Karnataka for filing a review petition without following its order of releasing Cauvery water for Tamil Nadu.
Karnataka, similar to the Centre, has argued that the constitution of a Cauvery management board is a legislative function and is a "miscarriage of justice".
On the other hand, Tamil Nadu parties including DMK and AIADMK on Monday attacked the Modi government for changing its stance, with DMK chief M Karunanidhi claiming the Centre had done so with its eyes on Karnataka elections in 2018.
Monday's developments in the apex court put the Centre on the same side as the Karnataka government. On Sunday, Siddaramaiah had said that Karnataka had been the ‘victim’ and not the ‘villain’ in the Cauvery dispute.
Siddaramaiah said in spite of the distress situation in the Cauvery basin, Karnataka had released a "substantial" quantum of water to Tamil Nadu as per the Supreme Court's earlier direction.
However, the September 30 directive of the apex court had left the state in a difficult situation, he said.
The review petition on the CWMB seeks review of the apex court’s order directing the Central Government to form the Cauvery Management Board as the state government claims that it goes against the apex court’s earlier order dated December 3, 2013 to put on hold the formation of the Board till the civil appeal was decided. It has also been decided in the state cabinet not to nominate any member from Karnataka to the board.
The CM said on Sunday that notices to the other two riparian parties of the Cauvery river, Kerala and Puducherry were not issued on the formation of the Board. He also mentioned that Inter-State Water Dispute Act of 1956 stipulates that any water board should be ratified by Parliament. He said there is no wilful disobedience of the apex court order in the case, as the government is bound by the resolution of the legislature.
On September 23, the state legislature had unanimously resolved to reserve waters of the Cauvery river for drinking purpose of the people in the state.
A proposal to take a delegation to the President on the Cauvery issue and to seek a mandate for Prime Minister Narendra Modi’s intervention may also come up for discussion in both houses of the state assembly on Monday.
The Opposition BJP and JD (S) have suggested to the state government not to release the water to Tamil Nadu. They have also opposed the Supreme Court’s direction to establish the Water Board.
