Centre’s Queries To Court On Cauvery Board Appear To Be Delaying Tactics
The Supreme Court has time and again impressed upon the need to resolve the Cauvery water dispute, which affects Tamil Nadu, Karnataka, Kerala and Puducherry, without delay. A three-member bench of the apex court issued directions to the Union of India to constitute a tribunal for adjudication of the dispute in Tamil Nadu Cauvery Neerppasana Vilaiporulgal Vivasayigal Nala Urimai Padhugappu Sangam Vs Union of India and others in 1990.
After the tribunal was constituted and an interim order passed, Karnataka promulgated an ordinance to nullify the effect of the tribunal’s interim order dated June 25, 1991. The President had to seek the opinion of the Supreme Court under Article 143 of the Constitution. In its clarification in 1993, the Supreme Court used strong words against Karnataka saying the state had presumed that it had superior rights over the Cauvery water and it could deal with it in any manner. The ordinance issued by it was against the basic tenets of the rule of law and that it amounted to taking law into its own hands and an invitation to lawlessness and anarchy. It forebodes evil consequences to the federal structure under the Constitution, it said.
After the Tribunal’s final award on February 5, 2007, it was challenged by all three states. The Supreme Court again condemned Karnataka in the 2016 judgment, and said: “…Unfortunately, Karnataka is flouting the order and, in fact, creating a situation where the majesty of law is dented”
By its final order dated February 16, 2018, the court directed the Centre to frame a scheme keeping in view that the purpose of framing a scheme is exclusively for implementation of the award. But a day before the expiry of the six-week time, the Centre knocked at the doors of the Supreme Court with an application to clarify whether it was open to frame the scheme and to modify the composition of the board. The only ground raised in the clarification application is divergent views expressed by state governments.....Read more
Source web page: Times of India