Legal Provisions Involved: Article 131 of the Constitution of India; Sections 3 and 4 of the Inter-State River Water Disputes Act, 1956.

Judgement by: Supreme Court.

Judge/Bench: Justice Vikram Nath and Justice N.V. Anjaria. 

Facts

Tamil Nadu brought a suit against Karnataka over construction of check dams and diversion works on the Pennaiyar River and its tributaries. Tamil Nadu claimed these works reduced the natural flow of water to its territory and harmed its farming interests. It also relied on an old 1892 agreement. Karnataka disputed the binding nature of that agreement. 

Over the years, the Central Government attempted several rounds of talks between the States, but no solution was reached. Tamil Nadu then sought the setting up of a Water Disputes Tribunal under the 1956 Act.

Key Legal Provisions

Article 131 of the Constitution of India

Sections 3 and 4 of the Inter-State River Water Disputes Act, 1956.

Issues Raised

Whether the failure of talks made it compulsory to form a tribunal, and whether the Supreme Court should decide the water-sharing issues itself?

Arguments of the case

Tamil Nadu insisted the matter go before a tribunal. The Union confirmed that negotiations had not succeeded.

Judgement

The Supreme Court directed the Central Government to constitute a tribunal within one month and closed the suit, leaving all substantive issues for the tribunal to decide.

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