THE MATTER OF: CAUVERY WATER DISPUTES TRIBUNAL versus -

Citation: [1991] SUPP. 2 S.C.R. 497 · Decided: 22-11-1991 · Supreme Court of India · Bench: RANGANATH MISRA · Disposal: Reference answered

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Judgment (excerpt)

IN THE MATTER OF : 
CAUVERY .WATER DISPUTES TRIBUNAL 
NOVEMBER 22, 1991 
[RANGANATH MISRA, CJ., K.N.SINGH, A.M. AHMADI, 
KULDIP SINGH AND P.B. SAW ANT, JJ.] 
Constitution of India, 195 0: 
A 
B 
' 
Articles 131 and 262-0riginal Jurisdiction of Supreme Court-lnter-
State rive~ water dispute-Adjudication of-Excluded from pwview of q 
Court and vested in Water Ttibunal under the Inter-State Water Disputes 
Act, 1956-Question of grant of interim relief-Whether could he agi-
tated before Court. 
Article 143-Advisory Jurisdiction-Whether Court can review its · 
opinion-Whether I',-esident can refer a question of law already decided 
D, 
by the Court-Advisory opinion on Presidential Reference-Nature and 
effect of 
Articles 245,246,248,262, Seventh Schedule, List I-Entries 56 and 
97, List //--Entries 14, 17 and 18-Inter-State river water--Karnataka 
Cauve1y Basin Irrigation Protection Ordinance, 1991/Act No. 2 7 of E 
1991--Constitutional validity of-Legislative competence of State 
Legislature-Whether denuded by Parliamentar)' legislation-Whether State 
Legislature can change the law declared by Court-Whether can set aside 
decision of inter-parties and affect their rights and liabilities alone-Whether 
Inter-State Disj,·utes Act P.nacted under Article 262 or·Entry 56--Distinc-
tion inter se between Article 262, Entry 56 of List I and Entry 17 of List ·· ~ 
II-Executive Order or legislative enactment of State Legislature inte1fer-, : 
ing with adjudicatory process of Water Tribunal-Whether dnterference 
with judicial power of State. 
.., 
Karnataka Cauvery Basin Irrigation frotection · Urdinance, 19911 
Act No.2 7 of 1991: Constitutional validity of 
G 
Inter-State Water Disputes Act, 1956: 
Sections 5(2) and 6-lnter-State river water dispute-Order of Tri-
i 
bunal granting interim relief-Whether a report and decision-Whether 
requires to be published in the official gazette. 
H 
497 
498 
SUPREME COURT REPORTS 
[1991] SUPP. 2 ·S.C.R. 
A 
Section 1 J~xclusion of jurisdiction of Courts, including Supreme 
Court-Question of grant of interim relief-Whether falls outside purview 
of the Section. 
Practice and Procedure: 
B 
Supreme Court Rules-Order XL, Rule I-Advisory opinion of Su-
c 
D 
E 
F 
G 
H 
preme Court under Article 143 of the Constitution-Whether could be 
reviewed. 
In pursuance of the directions given by this Court in a Writ 
Petition filed by the Tamil Nadu Ryots' Association, the Union Gov-
ernment, by its notification dated June 2, 1990, constituted the Cauvery 
Water Disputes Tribunal under Section 4 of the Inter-State Water 
Disputes Act, 1956 for adjudication of the dispute regarding sharing 
of water of the inter-State river Cauvery between the States ofKarnataka, 
the upper riparian State, Tamil Nadu, .the lower riparian State, and 
Kerala and the Union Territory of Pondicheriry. By another notifi-
cation of the same date, it also referred the water dispute emerging 
from the Letter of Request lodged by the State of Tamil Nadu under 
Section 3 of the Inter State Water Disputes Act with the Cenfral 
Government on the failure of the negotiations between the partres 
in this regard, for reference of the dispute to a Tribunal for adjudi-
cation. 
In the Letter of Requesnhe State had made a grievance against 
construction of works in Karnataka area and the appropriation of 
water upstream so as to prejudice the interests downstream in the 
State of Tamil Nadu, an(( also ~ought the implementation of the 
agreements of 1892 and 1924, which had been entered into when 
most of the areas in these States comprised in the then Presidency 
of Madras and the then State of Mysore. The last of the agreements 
had expired in 1974 and though the understand.ing of 1976 had been 
reached, further negotiations in the matter had failed and hence the 
State of Tamil Nadu had lodged the aforesaid Letter of Request. 
Before the Tribunal, the State of Tamil Nadu submitted an 
application for interim relief praying that State of Karnataka be 
directed not to impound or utilise water of Cauvery river beyond 
the extent impounded or utilised by them as on 31.5.1972, as agreed 
to by the Chief Ministers of the basin States and the concerned 
Union Minister and an order restraining Karnataka from undertak-
' 
" ' 
:'---
CAU\TERY WATER DISPUTES TRIBUNAL 
499 
ing any ~ew projects, dams, reservoirs, canals and/or from proceed-
A 
ing further with the construction of those already commenced in the 
Cauvery basin. The Union Territory of P

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