SC tells Centre to set up Cauvery board in 6 weeks

◗ The court rejected the Centre’s stand that the mechanism for implementation of the final award should be left to the discretion of the Union government

In a huge relief to Tamil Nadu, which is dependent on the whims and fancies of Karnataka to release its share of water, the Supreme Court on Friday directed the Centre to set up the Cauvery Management Board as mandated by the tribunal within six weeks.

A three- judge bench of Chief Justice Dipak Misra and Justices Amitava Roy and A. M. Kanwilkar rejected the Centre’s stand that the mechanism for implementation of the final award should be left to the discretion of the Union government.

It rejected the Centre’s contention that the court should not issue any direction by keeping in mind the bar imposed under Article 363 of the Constitution which deals with the restrictions put on courts in interfering in disputes arising out of “certain treaties, agreements, etc”. “The issues in this case have no connection, whatsoever, with the concepts of sovereignty and integrity of India and, therefore, the bar under Article 363 of the Constitution is not attracted,” the bench said.

Pointing out that the tribunal itself had framed a scheme for setting up of a Cauvery Management Board and the Cauvery Water Regulation Committee ( to be constituted by the board), the bench said it should be done within six weeks.

The board will also work out the distress formula in case of deficiency in rainfall in a particular year and determine the allocation.

“When we say so, we also categorically convey that the need- based monthly release has to be respected. It is hereby made clear that no extension shall be granted for framing of the scheme on any ground,” the top court said.

The court noted that tribunal has authorised the Cauvery Management Board/ Regulatory Authority to relax the schedule of deliveries and get the reservoirs operated in an integrated manner through the states to minimise any harsh effect of a bad monsoon year in the event of two consecutive distress years.

The Cauvery Management Board was also required to monitor the entire spectrum of monthly availability of storages and rainfall pattern vis- a- vis the schedule of monthly flows to be delivered at Billigundulu/ inter- state contact point for a period of 15 years to effect the necessary adjustments in the monthly schedule in consultation with the party ( states) and with the help of the Central Water Commission without changing the annual allocation awarded to the parties.