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Cauvery Water Dispute Back to SC: Can a New Bench Resolve this Perennial River Conflict?
SC to Constitute a New Bench to Hear Cauvery Water Dispute
The Supreme Court of India has decided to form a new bench to address the ongoing Cauvery Water Issue. This issue holds significant importance due to its historical origins and legal implications.
Over the years, various legal developments have shaped the discourse surrounding this matter. In 2018, the Supreme Court delivered a judgement that sought to resolve the dispute between Karnataka and Tamil Nadu.
Recent developments indicate that further deliberations are required to reach a conclusive resolution. This article aims to provide an objective analysis of the situation and explore potential ways forward in resolving this complex issue.
Cauvery Water Dispute Overview
| Section | Details |
|---|---|
| Introduction | Decades-old dispute between Tamil Nadu and Karnataka. Urgent plea by Tamil Nadu in SC for water release and the requirement for a new bench as the previous one retired. |
| Origin and History | The Cauvery flows through Karnataka and Tamil Nadu. There has been a longstanding dispute over the sharing of its waters. A tribunal was formed in 1990 for dispute resolution, leading to an interim order for water release from Karnataka. |
| Legal Developments | The SC upheld the Tribunal’s interim order in 1991. A scheme was notified in 1998 for the order’s implementation. The Cauvery River Authority and Monitoring Committee were established. |
| SC Judgement of 2018 | The Supreme Court modified the Tribunal award on water allocation in 2018. This change reduced Tamil Nadu’s share and increased that of Karnataka. |
| Recent Developments | Tamil Nadu made a plea for water release for August 2022. The state demands a 24,000 cusecs water release and also seeks the stipulated release for September, including compensation for the previous shortfall. Karnataka, on the other hand, cites low reservoir levels as a challenge. |
| Way Forward | For the future, it is essential to implement SC and Tribunal orders effectively. A national water policy focusing on conservation and equitable use is required. Moreover, there’s a need to encourage negotiations for an amicable settlement. |
Introduction
The current issue at hand involves the urgent plea made by Tamil Nadu in the Supreme Court for the release of its allotted share of Cauvery river water for the month of August 2022.
The decades-long dispute between Tamil Nadu and Karnataka over the sharing of Cauvery river water has been a contentious issue. This dispute has led to legal battles and conflicts between the two states, resulting in significant implications for both agricultural and non-agricultural sectors dependent on this vital water resource.
The urgency expressed by Tamil Nadu is due to deficient monsoon rains in the Cauvery basin this year, leading to reduced river flow. As a result, standing crops are at risk, necessitating prompt action from the apex court to ensure the release of Tamil Nadu’s rightful share as per previous tribunal awards and Supreme Court judgments.
Origin and History
Originating in Karnataka and flowing through Tamil Nadu before draining into the Bay of Bengal, the Cauvery river has been a subject of longstanding dispute between these two states. The sharing of Cauvery waters has been a contentious issue due to competing demands for agricultural and drinking water needs.
The Cauvery basin encompasses an area of 81,155 sq km, with Karnataka occupying 34,273 sq km, Tamil Nadu 44,016 sq km, and Kerala 2,866 sq km.
In order to address this dispute, the central government constituted the Cauvery Water Disputes Tribunal (CWDT) in 1990. As an interim measure in 1991, the Tribunal directed Karnataka to release 205 TMC of water annually to Tamil Nadu from June to May. However, this decision was challenged by Karnataka in the Supreme Court.
Despite their challenge being rejected by the court in 1991, subsequent developments led to the establishment of the Cauvery River Authority in 1998 for implementing the Tribunal’s award.
(Cauvery Water Dispute Tribunal) CWDT Formation & Outcomes
| Year | Event | Details |
|---|---|---|
| 1986 | Appeal | By Tamil Nadu farmer’s association for tribunal |
| 1990 | SC Instruction | Negotiation between states (failed) |
| – | Formation | CWDT established to allocate water shares |
| 1991 | Interim Award | Karnataka to ensure 205 TMC to Tamil Nadu |
| 1998 | Monitoring Authority | Cauvery River Authority established |
| 2007 | Final Award | Water allocations made |
Legal Developments
- SC in 1991 upheld validity of Tribunal’s interim order
- Scheme notified in 1998 for implementing Tribunal’s orders
- Cauvery River Authority and Monitoring Committee formed
The Cauvery River Authority, headed by the Prime Minister, included Chief Ministers of basin states as members. Its objective was to ensure smooth implementation of the Tribunal’s award regarding water releases from Karnataka to Tamil Nadu.
Additionally, the Cauvery Monitoring Committee, headed by the Water Resources Secretary and comprising Chief Secretaries from basin states, aimed to address disputes on actual releases between Karnataka and Tamil Nadu.
SC Judgement of 2018
- Allocation of water between states by modifying Tribunal’s final award
The 2018 judgment introduced revised water allocations between Tamil Nadu and Karnataka in an effort to address their competing demands. According to the judgment, Karnataka’s allocation was increased by 14 TMC of Cauvery water annually, allowing them to use 284.75 TMC. In contrast, Tamil Nadu’s share was reduced from 419 TMC to 404.25 TMC. Puducherry’s share was also decreased from 10 TMC to 7 TMC, while Kerala received an allocation of 14 TMC for limited irrigation needs.
To ensure timely water flows to Tamil Nadu, the Supreme Court established monthly and 10-day release schedules for Karnataka. Any deficits had to be compensated by Karnataka in subsequent months or years.
Despite these revisions, Tamil Nadu has recently filed an urgent plea seeking the release of its August shares for crop requirements, suggesting that their concerns have not been fully addressed. Karnataka has cited low reservoir levels as a reason for denying the release.
Recent Developments
In recent developments, Tamil Nadu has urgently appealed to the Supreme Court for the prompt release of its allocated share in the ongoing Cauvery Water Dispute. Tamil Nadu has sought directions from SC for Karnataka to immediately release 24,000 cusecs of Cauvery water for August 2022, citing the needs of standing crops.
Additionally, Tamil Nadu demands that Karnataka ensures the stipulated releases for September 2022 as per the Tribunal award and Supreme Court verdict. Tamil Nadu also expects Karnataka to make up for the shortfall of 28.849 TMC in Cauvery water releases that accumulated over June-July 2022.
However, Karnataka has expressed its inability to release water due to low levels in its reservoirs caused by deficient monsoon rains. The Chief Justice of India DY Chandrachud assured Tamil Nadu that a new bench would be constituted promptly to address their plea.
Way Forward
Addressing the challenges of inter-state river disputes requires a comprehensive national water policy that focuses on principles of optimal utilization, conservation, maintaining river flows, and equitable allocation across states.
The Cauvery Water Dispute highlights the need for a way forward in resolving such disputes. A key aspect is the formulation and implementation of a national water policy in India. This policy should prioritize efficient use of water resources, promoting conservation measures, ensuring adequate flow in rivers, and allocating water equitably among states.
Moreover, dispute resolution mechanisms such as mediation and negotiations should be encouraged to facilitate amicable settlements between conflicting parties. The central government has an important role to play in facilitating talks between Tamil Nadu and Karnataka to find common ground on their concerns.
Ultimately, political will from all sides is crucial for cooperation and compromise essential to resolve these complex inter-state river disputes constructively.
