The Centre, which had come under attack from Tamil Nadu for siding with Karnataka on the Cauvery river water dispute, on Tuesday found itself standing alone while arguing in Supreme Court against the maintainability of appeals filed by the two warring States against the decision of the Cauvery Water Disputes Tribunal.
Attorney General Mukul Rohatgi, who appeared for the Centre, told a Bench of Justices Dipak Misra, Amitava Roy and AM Khanwilkar that the appeals filed by Tamil Nadu and Karnataka cannot be heard by the Supreme Court. According to him, the Centre alone has jurisdiction to decide whether the Tribunal’s decision should be implemented, partly implemented or rejected.
But the Centre found itself cornered as the two States - Karnataka and Tamil Nadu-jointly opposed the argument by Rohatgi and said that the Constitution provides that a dispute between two or more States can be brought only before the Supreme Court.
For Karnataka, senior advocate Fali Nariman argued that the decision by Tribunal cannot oust Supreme Court’s jurisdiction. Rohatgi had cited the River Water Disputes Act 1956 stating that the decree passed by the Tribunal will have the same force as that given by apex court. On this basis, A-G said that the Supreme Court cannot sit in judgment over its own order. Nariman clarified that this portion was introduced following the recommendation by Sarkaria Commission. The underlying purpose behind introducing these words was to ensure States obey the tribunal's order as much as they respect a Supreme Court order. The purpose was never to oust Supreme Court's jurisdiction to hear a dispute arising from the water sharing.
Senior advocate Shekhar Naphade appearing for Tamil Nadu supported this stand and said that it was high time the Court took up their appeals and finally decide on the validity of the water sharing formula proposed by the Tribunal. As arguments on maintainability of the appeals remained inconclusive, the bench posted the matter for Wednesday and directed continuation of its earlier order asking Karnataka to supply a daily dose of 2,000 cusecs of water to Tamil Nadu.
Meanwhile, a Committee formed by Centre to inspect the Cauvery Basin areas and report on the conditions there, presented its report to Court. It contained no formula for water sharing but held that both States were in dire need of water.