Supreme Court Orders Inter-State Water Tribunal for Pennaiyar River Dispute

The Supreme Court of India directed the Union Government to constitute an inter-State water disputes tribunal to adjudicate the long-pending dispute between Tamil Nadu and Karnataka over the sharing of Pennaiyar River waters

Background of the Dispute

• Origin of Litigation: Tamil Nadu approached the Supreme Court in 2018, challenging Karnataka’s construction of dams and diversion structures on the Pennaiyar River.
• Core Issue: The dispute concerns upstream water utilisation by Karnataka allegedly affecting downstream flows into Tamil Nadu.
• Affected Regions: The Pennaiyar River is crucial for irrigation and drinking water in parts of northern Tamil Nadu.

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Constitutional Provisions on Inter-State River Water Disputes

• Inter-State River Water Disputes: Disputes arising between two or more States over the use, distribution, and control of waters of rivers flowing across State boundaries.
• Seventh Schedule:
  • Entry 56 – Union List (List I): Empowers the Union Government to regulate and develop inter-State rivers and river valleys to the extent Parliament declares such regulation necessary in the public interest.
  • Entry 17 – State List (List II): Covers water-related subjects such as water supply, irrigation, canals, drainage, embankments, water storage, and hydro-electric power, subject to Union powers under Entry 56
• Article 262:
  • Authorises Parliament to make laws for the adjudication of disputes or complaints relating to the use, distribution, or control of waters of inter-State rivers or river valleys.
  • Parliament may also provide that neither the Supreme Court nor any other court shall have jurisdiction over such disputes.
• Laws Enacted under Article 262:
  • River Boards Act, 1956: This Act empowers the Union Government to establish River Boards, in consultation with State Governments, for regulation and development of inter-state rivers and river valleys
  • Inter-State River Water Disputes Act (ISRWD), 1956: The Act authorises the Union Government to constitute a Water Disputes Tribunal when one or more states formally request adjudication of an inter-state river water dispute
• Judicial Limitations: The Supreme Court cannot question the award or formula laid down by a tribunal constituted for inter-State river water disputes.

Process of Tribunal Formation under the Inter-State River Water Disputes Act, 1956

• Initiation of Dispute Resolution: When one or more States approach the Centre regarding a water dispute, the Central Government must first attempt settlement through consultations among the concerned States.
• Constitution of Tribunal: If consultations fail, the Centre may constitute a Water Disputes Tribunal to adjudicate the matter.
• Time-Bound Framework (2002 Amendment):
  • A one-year deadline is prescribed for constituting the tribunal.
  • The tribunal is required to deliver its award within three years, ensuring faster dispute resolution.

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About Pennaiyar River

• Nomenclature: The Pennaiyar River is known as Dakshina Pinakini in Kannada and as Thenpennai, Ponnaiyar, or Pennaiyar in Tamil.
• Origin: The river originates from the eastern slopes of the Nandidurg Mountain in the Chennakesava Hills of Karnataka.
• Course: The Pennaiyar River flows eastward through Karnataka, enters Tamil Nadu, and ultimately drains into the Bay of Bengal.
• Length: With a total length of about 497 km, the Pennaiyar River is the second-longest river in Tamil Nadu after the Kaveri.
• Tributaries: Major tributaries of the Pennaiyar River include the Markandeyanadhi, Kambainallur River, Pambar River, Vaniyar, Kallar, Valayar Odai, Pambanar, Aliyar, Musukundanadhi, and Thurinjalar which contribute to its seasonal flow.
• Basin Status: According to the Central Water Commission (CWC) Basin Report, the Pennaiyar Basin is the second-largest interstate east-flowing river basin among the twelve river basins located between the Pennar and Cauvery basin.
• Basin Distribution: Nearly 77% of the Pennaiyar River basin lies in Tamil Nadu, making it predominantly a Tamil Nadu river in terms of catchment area.

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