Case Note & Summary
The dispute arose from a complaint filed by the Government of Tamil Nadu on July 6, 1986, alleging that the State of Karnataka was prejudicing its interests regarding the use of Cauvery river water. The Central Government constituted the Cauvery Water Disputes Tribunal on June 2, 1990, to adjudicate the matter. During the proceedings, Tamil Nadu sought interim relief to prevent Karnataka from impounding or utilizing water beyond a specified limit and to restrain new projects in the Cauvery Basin. The Tribunal dismissed these applications, asserting it lacked jurisdiction to grant interim relief as the specific disputes were not referred to it. Tamil Nadu and the Union Territory of Pondicherry appealed to the Supreme Court, arguing that the Tribunal had wrongly interpreted its jurisdiction. The Supreme Court examined the provisions of the Inter-State Water Disputes Act, particularly Sections 3, 5, and 11, and Article 262 of the Constitution, which delineates the jurisdiction of the Supreme Court and the Tribunal. The Court held that the Tribunal had erred in dismissing the applications for interim relief, as the disputes were indeed covered under the reference made by the Central Government. The Supreme Court directed the Tribunal to decide the applications on merits, emphasizing its role in interpreting statutory provisions and determining the limits of the Tribunal's jurisdiction. The appeals were allowed, and the Tribunal's order was set aside, with directions to proceed with the applications for interim relief. The parties were directed to bear their own costs.
Headnote
A) Inter-State Water Disputes - Jurisdiction of Tribunal - Authority to Grant Interim Relief - Inter-State Water Disputes Act, 1956, Sections 3, 5, 11 - The Tribunal erred in holding it had no jurisdiction to grant interim relief as the dispute was covered under the reference made by the Central Government. The Supreme Court held that the reliefs prayed by the appellants were within the purview of the dispute referred and directed the Tribunal to decide on merits. (Paras 514-516).
B) Constitutional Law - Jurisdiction of Supreme Court - Article 262 - The Supreme Court clarified that it has the authority to determine the jurisdiction and powers of the Tribunal constituted under the Inter-State Water Disputes Act. The Court emphasized its role as the ultimate interpreter of statutory provisions. (Paras 509-511).
Issue of Consideration
Whether the Tribunal had jurisdiction to entertain applications for interim relief and whether the Supreme Court had jurisdiction to review the Tribunal's decision.
Final Decision
The Supreme Court allowed the appeals, set aside the Tribunal's order dated January 5, 1991, and directed the Tribunal to decide the applications for interim relief on merits.
Law Points
- Inter-State Water Disputes
- Jurisdiction of Tribunal
- Interim Relief
- Statutory Interpretation
- Article 262 of the Constitution
Case Details
1991 LawText (SC) (04) 26
Civil Appeal Nos. 303, 304, 2036 of 1991
Kasliwal, J., Punchhi, J., Sahai, J.
1991 SCR (2) 501, 1991 SCC Supl. (1) 240, JT 1991 (2) 322, 1991 SCALE (1) 802
M. Chander Shekharan, K. Parasaran, F.S. Nariman, Dr. Y.S. Chitale, S.S. Javali, A.S. Nambiar, P.S. Poti, C. Shivappa, M.S. Ganesh, V. Krishnamurthy, P.K. Manohar, Smt. S. Vasudevan, M.Veerappa, Mohan Katarki, Atul Chitale, K.H. Nobin Singh, T.T. Kunhikannan, Mrs. Sushma Suri, A.K. Srivasatava
State of Tamil Nadu, Union Territory of Pondicherry
State of Karnataka, State of Kerala
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Nature of Litigation
Dispute regarding the use and distribution of water from the Cauvery river between Tamil Nadu and Karnataka.
Remedy Sought
Tamil Nadu and Pondicherry sought interim relief from the Tribunal to prevent Karnataka from impounding water and to restrain new projects.
Filing Reason
Complaint filed due to alleged prejudicial actions by Karnataka affecting Tamil Nadu's water rights.
Previous Decisions
The Tribunal dismissed the applications for interim relief, asserting it lacked jurisdiction.
Issues
Whether the Tribunal had jurisdiction to grant interim relief.
Whether the Supreme Court had jurisdiction to review the Tribunal's decision.
Submissions/Arguments
Tamil Nadu argued that the Tribunal wrongly interpreted its jurisdiction and that the applications for interim relief were covered under the reference.
Karnataka contended that the Tribunal had no jurisdiction to grant interim relief as the specific disputes were not referred.
Ratio Decidendi
The Supreme Court affirmed its authority to interpret the jurisdiction of the Tribunal under the Inter-State Water Disputes Act and held that the Tribunal erred in dismissing the applications for interim relief as they were covered under the reference made by the Central Government.
Judgment Excerpts
Notwithstanding anything in the Constitution, Parliament is authorised by law to provide that neither the Supreme Court nor any other Court shall exercise jurisdiction in respect of any dispute or complaint relating to the use, distribution or control of the waters of, or in, any inter State river or river valley.
The Tribunal committed a serious error in omitting to read the passage of the complaint wherein the State of Tamil Nadu was claiming for an immediate relief.
The reliefs prayed by the appellants in their applications before the Tribunal clearly come within the purview of the dispute referred to it by the Central Government under s. 5 of the Act.
Procedural History
The Government of Tamil Nadu filed a complaint on July 6, 1986, leading to the formation of the Cauvery Water Disputes Tribunal on June 2, 1990. The Tribunal dismissed applications for interim relief on January 5, 1991, prompting appeals to the Supreme Court.
Acts & Sections
- Inter-State Water Disputes Act, 1956: 3, 5, 11
- Constitution of India: Article 262
