Description

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Context:

The Supreme Court asked the Union government to place on record the report prepared by a committee negotiating a dispute between Tamil Nadu and Karnataka over the sharing of the Pennaiyar River water.

Background of the dispute:

The State had told the Supreme Court that Karnataka had no right to utilise the waters of the Pennaiyar river to the detriment of the people of Tamil Nadu. The flowing water of an Inter-State River is a national asset and no single State can claim exclusive ownership of its water, Tamil Nadu had argued.

SC Deadline	A two-week deadline was granted to the Union government to produce the report.
Tamil Nadu’s Concerns	Tamil Nadu approached the Supreme Court in 2018 to oppose Karnataka’s construction of check dams and diversion structures on the Pennaiyar River.
Argument on National Asset	Tamil Nadu argued that the river’s flowing water is a national asset and that Karnataka cannot unilaterally claim its waters to the detriment of Tamil Nadu residents.
Validity of the 1892 Agreement	Tamil Nadu asserted that the 1892 agreement remains valid and binding on both States, emphasizing that it includes the main river, its tributaries, and contributing streams.
Markandeya River Contention	Tamil Nadu contended that the Markandeya River, a major tributary with a catchment area spanning both States, falls under the 1892 agreement's purview. Tamil Nadu opposed Karnataka’s construction of diversion structures and large dams on the river.

About Pennaiyar River:

Other Names	Dakshina Pinakini (Kannada), Thenpennai, Ponnaiyar, Pennaiyar (Tamil)
Origin	Eastern slope of the Nandidurg Mountain, Chennakesava Hills, Karnataka
Course	Flows through Karnataka, enters Tamil Nadu, and empties into the Bay of Bengal
Basin Distribution	Approximately 77% of the drainage basin lies in Tamil Nadu
Length	497 km (second-longest river in Tamil Nadu after the Kaveri River)
Tributaries	Markandeyanadhi, Kambainallur, Pambar rivers
Important Cities	Bangalore, Hosur, Tiruvannamalai, Cuddalore

About Inter-State River Water dispute (IRWD):

It is an Act of the Parliament of India enacted under Article 262 of the Constitution of India on the eve of the reorganization of states on the linguistic basis to resolve the water disputes that would arise in the use, control, and distribution of an interstate river or river valley.

Article 262 of the Indian Constitution provides a role for the union government in adjudicating conflicts surrounding interstate rivers that arise among the state/regional governments. This Act has been amended subsequently, with the most recent amendment in 2002.

IRWD Act applies only to interstate rivers/river valleys. An action of one state should affect the interests of one or more other states. Then only water dispute is deemed to have arisen under the IRWD Act (section 3). It can be divided into two independent parts for clarity purposes in understanding the techno-legal application of the IRWD Act.

Amendment to the 1956 Act

The 2002 amendment to the Inter-State Water Disputes Act, of 1956, mandated constituting a tribunal within one year of a request and delivering its award within 3 years (extendable to 5 years in exceptional cases). The award, equivalent to a Supreme Court decree, is final but allows clarifications within three months if not implemented. States can still approach the SC under Article 136, and private individuals may seek recourse under Article 21 for rights violations.

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The Interstate River Water Disputes Act, 1956 (IRWD)

Source:

THE HINDU

PRACTICE QUESTION

Q.Discuss the key legal and political issues surrounding the Pennaiyar River water dispute between Tamil Nadu and Karnataka. Analyze the role of the 1892 agreement and the Inter-State Water Disputes Act in resolving such conflicts. (250 words)