Cauvery water dispute: Supreme Court to deliver verdict on February 16

Cauvery water dispute: Supreme Court to deliver verdict on February 16

Context:

On 16th February the Supreme Court is expected to give its final verdict on Cauvery water dispute

Background:

• The judgment will be passed on a batch of appeals by the states of Karnataka, Tamil Nadu and Kerala challenging the 2007 award passed by the Cauvery River Water Disputes Tribunal
• Over the years, the apex court has passed a series of orders setting a limit to the amount of water to be released by Karnataka to Tamil Nadu.
• The state of Tamil Nadu had informed the court on 12 July 2016 that Karnataka had failed to fully comply with a series of orders passed by the court regarding timely release of water from the Cauvery River.
• In October 2016, the court had directed Karnataka to release 2,000 cusecs of Cauvery water every day to Tamil Nadu till further orders
• The court in December had said it was within its jurisdiction to hear appeals against the 2007 Cauvery Water Disputes Tribunal award after the centre and Puducherry opposed the appeals saying that the Constitution expressly ousts the jurisdiction of the apex court in inter-state river water disputes.
• After opposition from the centre, the apex court constituted a nine-member panel headed by G.S. Jha, chairperson of the Central Water Commission (CWC), and comprising members nominated by Karnataka, Tamil Nadu, Puducherry and Kerala to resolve the water-sharing dispute.
• Karnataka had contested the final verdict of the dispute tribunals, arguing that a major share of the water will go to Tamil Nadu, leaving almost six Karnataka districts, including Bengaluru, without enough water for drinking and farming.
• It was also claimed that Tamil Nadu had breached the 1924 agreement by extending its irrigation lands from the prescribed 21.38 lakh acres to 28.2 lakh acres utilising 566 tmc of Cauvery water.

The 2007 award:

• The award had made an annual allocation of 419 TMC to Tamil Nadu in the entire Cauvery basin, 270 TMC to Karnataka, 30 TMC to Kerala, and 7 TMC to Puducherry.
• It was notified by the government in 2013.
• Tribunal held as valid the two agreements of 1892 and 1924 executed between the Governments of Madras and Mysore on the apportionment of water to Tamil Nadu

Agreement in 1892:

• An agreement was signed in 1892 between the erstwhile princely State of Mysore and the Madras Government.
• Karnataka had termed the agreement an “unconscionable bargain” reflecting an “inequality of bargaining power” and which has no validity after the birth of the Constitution
• Tamil Nadu had countered that the 1892 agreement was preceded by a good deal of mutual consideration of both the interests of the Madras Presidency and Mysore State

Expectations from the Final Verdict:

• It is expected that the court will put in place a scheme for peaceful and effective implementation of water sharing between the southern states.
• The outcome of the legal battle ranging over a decade will also serve as a precedent on deciding water sharing disputes in the future.