Context

• The Cauvery Water Regulation Committee (CWRC) has asked Karnataka to ensure flow of one tmc ft (11,500 cusecs) of water at Biligundlu every day till July 31 to supply water for Tamil Nadu. 

Constitutional provisions related to water

• Water is a State subject and thus states are empowered to enact legislation on water.
• Entry 17 of the State List deals with water i.e. water supply, irrigation, canal, drainage, embankments, water storage and water power.
• Entry 56 of the Union List gives power to the Union Government for the regulation and development of inter-state rivers and river valleys to the extent declared by Parliament to be expedient in the public interest.

Article 262 of the Constitution 

• It empowers the Parliament to make laws for the adjudication of any dispute relating to waters of the Inter-State River or river valley.
• Parliament may, by law, provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint as mentioned above.

Inter-state River Water Dispute Tribunal

• The Inter-state River Water Disputes Act, 1956 (IRWD Act) was enacted under Article 262 of the Constitution to resolve disputes in the use, control and distribution of inter-state rivers. 
• Whenever any request under the Act is received from any state, and the Centre is of the opinion that it cannot be settled by negotiation, it constitutes a tribunal for adjudication called Inter-state River Water Dispute Tribunal. 
• So far, nine tribunals have been constituted, of which five were subsequently dissolved after they completed adjudication. Of the nine tribunals, Ravi and Beas Water Tribunal, Krishna Water Disputes Tribunal -II, Mahadayi Water Disputes Tribunal, Mahanadi Water Disputes Tribunal are active.
• Although the Supreme Court shall not question the Award or formula given by tribunal, it can question the working of the tribunal.

Can the Supreme Court issue orders relating to interstate water disputes?

• Article 262 and the Inter State River Water Disputes Act restrains the jurisdiction of the Supreme Court in matters of inter state river water disputes.
• However, Article 136 of the Constitution empowers the Supreme Court to grant special leave to appeal from any order etc, passed or made by any court or tribunal. This power is a plenary or comprehensive one and the Supreme Court invokes the same in cases where a substantial question of law is involved. 
• This provision alone is enough to conclude both jurisprudentially and constitutionally that the apex court has jurisdiction over all courts and tribunals in the territory of India. 

Timeline of Cauvery Dispute

• The origin of the dispute traces back to the late 1800s, when agreements were reached between the princely state of Mysore (now part of Karnataka) and the Madras Presidency (now Tamil Nadu).
• Primarily, the dispute pertains to the allocation of water resources during periods of water scarcity, the distribution of water during regular years, and the establishment of reservoirs and dams along the river’s course. 
• The Cauvery Water Disputes Tribunal (CWDT) was formed in 1990 and was aimed at addressing water disputes involving Tamil Nadu, Karnataka, Kerala, and Puducherry. 
• The CWDT arrived at a conclusive ruling in 2007, outlining water allocations among the four states in the Cauvery basin. The ultimate decision has been difficult to implement with Karnataka and Tamil Nadu expressing discontent with the tribunal’s judgement on various occasions.
• In 2018, the Supreme Court, invoking its powers under Article 136, declared the Cauvery River a national resource and reallocated the water share as follows:
  • Karnataka (284.75 tmc ft); 
  • Tamil Nadu (404.25 tmc ft); 
  • Kerala (30 tmc ft) and 
  • Puducherry (7 tmc ft). 
  • Ten tmc ft and four tmc ft have been set apart for environmental protection and inevitable escapes into the sea. 
• The SC also ordered the creation of the Cauvery Water Management Authority (CWMA) and the Cauvery Water Regulatory Committee (CWRC) to adjudicate disputes between the states within the framework of the final court orders and to oversee the implementation of the verdicts of the Tribunal and the Court. 

Geography Basics

https://www.thehindu.com/business/Economy/rbi-allows-resident-indians-to-open-foreign-currency-accounts-in-ifsc-gujarat/article68391888.ece