The Supreme Court on Monday directed the Union Government to constitute a water disputes tribunal within one month to adjudicate the long-standing dispute between Tamil Nadu and Karnataka over sharing the waters of the Pennaiyar river.
A bench comprising Justices Vikram Nath and N V Anjaria passed the order while hearing Tamil Nadu’s original suit, filed in 2018, challenging Karnataka’s construction of check dams and water diversions on the river.
“We, therefore, find no reason to refrain from directing the Central Government to issue an appropriate notification in the official gazette and to constitute a water disputes tribunal for the adjudication of the inter-se water dispute between the parties herein within a period of one month from today,” Justice Nath stated while pronouncing the operative portion of the order.
The detailed judgment is awaited.
The suit by Tamil Nadu invoked the Supreme Court’s original jurisdiction under Article 131 of the Constitution, seeking to restrain Karnataka from undertaking unauthorised construction activities on the Pennaiyar river, which originates in Karnataka and flows into Tamil Nadu.
Tamil Nadu has consistently maintained that the Pennaiyar, being an inter-State river, is a national asset and that no single State has exclusive rights over its waters. The state has accused Karnataka of acting unilaterally and violating the principle of equitable apportionment by constructing check dams and obstructing the natural flow of the river.
Despite repeated demands from Tamil Nadu, the Union Government had not constituted a tribunal under the Inter-State River Water Disputes Act, 1956, prompting the apex court to intervene.
The Supreme Court’s direction now compels the Centre to notify and establish a dedicated tribunal within a month’s time to adjudicate the issue.
The development is significant as it mirrors earlier inter-state water disputes like those concerning the Cauvery, Krishna, and Mahadayi rivers, and reinforces the role of the judiciary in ensuring that water-sharing conflicts between States are resolved through proper legal forums.
Further proceedings will depend on the tribunal’s constitution and subsequent reference of the dispute by the Centre.
