The apex court also ruled that the interim order directing Karnataka to release 2000 cusecs of water shall continue.

Have jurisdiction to hear state pleas on Cauvery dispute SC
news Cauvery Dispute Friday, December 09, 2016 - 11:47

The Supreme Court upheld the maintainability of appeals filed by the states of Karnataka, Tamil Nadu and Kerala, against the final award of Cauvery Water Dispute Tribunal in 2007, on Friday.

Accepting the states’ plea, a three-member bench headed by Justice Deepak Misra maintained that the apex court has the jurisdiction to hear the states’ plea against the tribunal award.

The Centre had argued that the parliamentary law of Inter-State Water Disputes Act of 1956, coupled with Article 262 (2) of the Indian Constitution, excluded the Supreme Court from hearing or deciding any appeals against the Cauvery Tribunal’s decision. The Centre argued that the tribunal’s decision in this regard was final. The responsibility to formulate schemes lay with the government, after which it would be placed before both the houses for its approval, the centre said. 

By upholding the maintainability of the states’ plea, the apex court upheld its own constitutional power to hear the pleas. 

The Supreme Court said that the interim order directing Karnataka to release 2000 Cusecs of water till further notice, shall continue.

Both the states of Karnataka and Tamil Nadu had maintained that the apex court has the constitutional power to hear its plea. Senior advocate Fali S Nariman appeared for Karnataka and advocate Shekhar Naphade appeared for Tamil Nadu. According to LiveLaw, Puducherry, however, supported the Centre stance on the matter. 

The next date of hearing has been scheduled for December 15.

 

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