Supreme Court Seeks Report on Pennaiyar River Water Dispute

Sub : Geo

Sec: India Physical

Why in News

The Supreme Court has directed the Union government to submit a report prepared by the Negotiation Committee, tasked with resolving the water-sharing dispute between Tamil Nadu and Karnataka over the Pennaiyar River.

Background:

The dispute resolution efforts are being facilitated under the Inter-State River Water Disputes Act, 1956.
Karnataka initiated negotiations in May 2023, following the formation of a new government in the state.
This step marked a shift towards dialogue and mediation between the two states.
Tamil Nadu moved the Supreme Court in 2018 to challenge Karnataka’s construction of check dams and diversion structures on the Pennaiyar River.
The state argued that these works would harm its water-dependent population and were against national water-sharing principles.
Tamil Nadu cited an 1892 agreement, asserting that it is valid and binding on both states. It argued that the term “river” encompasses tributaries, streams, and other water sources that contribute to it directly or indirectly.
Supreme Court’s Directives: In January 2023, the Supreme Court directed the Union government to form a new Negotiation Committee under Section 4 of the Inter-State River Water Disputes Act, 1956. The committee’s mandate was to seek a mutually agreeable resolution.
The Negotiation Committee’s report is expected to detail the progress made and provide a comprehensive analysis of the issue.

Inter-State River Water Disputes:

Article 262 of the Constitution provides for the adjudication of inter-state water disputes.
Under this, Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution and control of waters of any inter-state river and river valley.
Parliament may also provide that neither the Supreme Court nor any other court is to exercise jurisdiction in respect of any such dispute or complaint.
The Parliament has enacted the two laws, the River Boards Act (1956) and the Inter-State Water Disputes Act (1956).
The River Boards Act provides for the establishment of river boards by the Central government for the regulation and development of inter-state river and river valleys. A River Board is established on the request of state governments concerned to advise them.
The Inter-State Water Disputes Act empowers the Central government to set up an ad hoc tribunal for the adjudication of a dispute between two or more states in relation to the waters of an inter-state river or river valley.
The decision of the tribunal is final and binding on the parties to the dispute.
Neither the Supreme Court nor any other court is to have jurisdiction in respect of any water dispute which may be referred to such a tribunal under this Act.

Amendment to the 1956 Act:

An amendment was enacted to the Inter-State Water Disputes Act in 2002 which brought about a few changes such as:
The tribunal has to be constituted within one year of the request.
The tribunal should give the award within 3 years and in some exceptional cases, within 5 years.
If the award is not immediately implemented, the concerned parties can seek clarification within three months.
The tribunal award will have the same force as an order or decree of the Supreme Court. The award is final and above the SC’s jurisdiction.
However, the states could still approach SC through Article 136 (Special Leave Petition)
Private persons could approach the SC under violation of Article 21 (Right to Life).

About Pennaiyar River:

The South Pennar River is also known as Dakshina Pinakini in Kannada and Thenpennai or Pennaiyar in Tami
Bangalore, Hosur, Tiruvannamalai, and Cuddalore are the important cities on the banks of South Pennar river.
This is the second longest river in Tamil Nadu, with a length of 497 km, after the Kaveri.
The river is severely polluted by industrial waste as it flows through major industrial areas in the eastern suburbs of Bangalore, the industrial parks of Hosur and Chengam.
The river originates in the Nandi Hills in Karnataka and flows through Tamil Nadu before emptying into the Bay of Bengal.
The river is dry for the most part of the year. Water flows during the monsoon season when it is fed by the south-west monsoon in the catchment area and the northeast monsoon in Tamil Nadu.