Summary of the Order/Judgment
The Cauvery Water Disputes Tribunal, on June 25, 1991, passed certain interim orders, inter alia directing the State of Karnataka to release water from its reservoirs. The State of Tamil Nadu filed this suit under Article 131 in in 1992 to seek enforcement of this order through the enactment of a proper framework by the Central Government. The Court framed the following issues in the case:
(1) Whether the suit is maintainable?
(2) Whether a suit for enforcement of an interim order of the Tribunal relates to a water dispute under the Inter State River Water Disputes Act, 1956? If yes, what is its effect?
(3) Whether the jurisdiction of this Court under Article 131 of the Constitution of India cannot be invoked unless the Tribunal has recorded a finding the there has been a violation of its orders dated 25.6.1991 and/or 3.4.1992?
(4) Whether by the order dated 3.4.1992, the Tribunal can be said to have modified its order dated 25.6.1991 under Section 5(3) of the 1956 Act? If yes, what is its effect?
(5) Whether it is open to the State of Karnataka to unilaterally reduce the monthly release of water required to made as per the order dated 25.6.1991 read with order dated 3.4.1992 under ’distress clause’ stated to have been provided by the Tribunal? These questions were referred to a Constitution Bench of the Court for resolution since substantial questions as to the interpretaion of the Consitution were involved in the suit.
The Constitution Bench heard the case referred to it by the earlier bench in State of Tamil Nadu v State of Karnataka.
On the insistence of the Supreme Court, the Attorney General of India made a statement in the Court on 9th April, 1997 that the Union of India was agreeable to frame a scheme under Section 6A of the Inter-State Water Disputes Act, 1956 for the effective implementation of the interim award of the Tribunal. After the hearing on 9th April, 1997, when the Supreme Court directed the Union Government to frame a scheme there have been regular hearings on 20th August, 1997, 30th September 1997, 11th November, 1997, 6th January, 1998, 31st March, 1998, 28th April, 1998 and 21st July, 1998 in the Supreme Court. In view of the above, under the provisions of Section 6A of the 1956 Act, the Central Government notified a Scheme called Cauvery Water (implementation of the Interim Order of 1991 and all subsequent Related Orders of the Tribunal) Scheme, 1998 consisting of Cauvery River Authority (CRA) and Monitoring Committee (CMC).