SC snubs Centre, asks it to submit scheme by May 3

The Supreme Court on Monday reprimanded the Centre for the non-compliance of its February 16 verdict in the Cauvery river water dispute to frame the scheme and asked it to file the draft scheme at the next hearing on May 3.

It rejected Attorney General K K Venugopal’s plea for three months’ time to frame the scheme in view of the ongoing Karnataka Assembly elections.

The Centre was supposed to frame the scheme under Section 6A of the Interstate River Disputes Act of 1956. AIADMK and DMK of Tamil Nadu disrupted the entire month-long second part of Parliament’s budget session over Centre not appointing the board for implementing the Court order, accusing it of sitting tight in view of the Assembly elections in Karnataka on May 12.

“Our directions were clear that the scheme was to come into existence within 6 weeks of the judgment… we are surprised that it has not been done so far considering the struggle that ensued in this litigation… we have to assume a different kind of jurisdiction now... the Central government must show its bonafide that it wishes to frame the scheme and distribute water. File the draft scheme in a time-bound manner so that the states can respond thereto upon which it shall become binding,” admonished Chief Justice Dipak Misra.

The Bench, which also included Justice AM Khanwilkar and Justice DY Chandrachud, said, “You must show your bonafide that you will frame a scheme to respect the top court order for the distribution of water.”

Senior advocate Shekhar Naphade, appearing on behalf of Tamil Nadu, wanted the Centre to frame and implement the scheme.

“Your order was so clear that everyone who knows basic English could understand the judgment… it is only the Centre, for whatever reasons, which had some difficulty… Towards the fag end of the deadline for the implementation of the scheme, the Central government tried to consult with the states. Now if every state replies to the draft scheme, it shall open the scope for even more litigation,” he said.

“We will make sure that the scheme shall be finalised within one month to six weeks… also, we will only show the draft scheme to the states, there will no arguments by Senior Counsel in that respect, and then the scheme shall be implemented at the ground level, “the Chief Justice added.