Making a U-turn on the Cauvery water dispute between Karnataka and Tamil Nadu, the Central government on Monday said the Supreme Court has no jurisdiction to direct it to constitute a Cauvery management board, saying such orders amounted to encroachment into the legislative turf and will lead to "other complications".
The Centre's new stance comes shortly after the Karnataka moved a review petition on Saturday in the court, challenging the apex court's authority to pass orders to release Cauvery water and set up a Cauvery management board in "violation" of the National Water Policy of 2012, which gives Karnataka's requirement for drinking water first priority over Tamil Nadu's needs of irrigation.
Attorney General Mukul Rohatgi had last week agreed to the court's direction to form a board by October 4 and submit a field report on the ground realities at the Cauvery basin by October 6.
In an urgent mentioning before a Bench of Justices Dipak Misra, Rohatgi said it was his "mistake", and said there was an embargo on the Supreme Court from passing orders to form a Cauvery management board under Article 262 of the Constitution and Section 11 of the Inter-State River Disputes Act.
Rohatgi contended the Supreme Court should not have entertained any petitions or applications post the 2007 Cauvery Water Disputes Tribunal final order.
He said the constitution of a Cauvery management board by the Cauvery Water Disputes Tribunal (CWDT) was only a "recommendation", which the Centre could choose to either accept or discard.
The Court to hear it on Tuesday.
Meanwhile, in a step that will ensure release of Cauvery water to Tamil Nadu, the Karnataka legislature on Monday adopted a unanimous resolution empowering the government to take an "appropriate" decision to provide water for irrigation to meet the state farmers' demand.
The decision by both the Houses of the legislature at the second such special session in 10 days came on the day when the Supreme Court asked Karnataka government to apprise it by tomorrow afternoon whether it has released water to Tamil Nadu as directed by it on September 30.
Moved by the government, the resolution makes no mention about release of Cauvery water to Tamil Nadu or the Supreme Court orders, but it modified the September 23 resolution to draw water from the four reservoirs in the Cauvery basin only for drinking purpose, to allow its use for irrigation also.
On September 30, the apex court had directed Karnataka to discharge 6,000 cusecs water from October 1-6, warning that no one would know when the "wrath of the law" would fall on it.
In his reply in the Assembly, Chief Minister Siddaramaiah gave strong indications of complying with the order of the Supreme Court to release water to Tamil Nadu, while assuring the people that government would make all efforts to meet drinking water needs and to save standing crops.
Siddaramaiah said the state had never defied the court orders and noted that "we are in a federal set up".
—With agency inputs
