1991 (11) TMI 254 - SC - Indian Laws

Summary

Issues Involved:
1. Constitutional validity of the Karnataka Cauvery Basin Irrigation Protection Ordinance, 1991.
2. Whether the Tribunal's interim order constitutes a report and decision within the meaning of Section 5(2) of the Inter-State Water Disputes Act, 1956, and if it requires publication to be effective.
3. Competence of the Water Disputes Tribunal to grant interim relief.

Summary:

Issue 1: Constitutional Validity of the Ordinance
The Supreme Court held that the Karnataka Cauvery Basin Irrigation Protection Ordinance, 1991, is unconstitutional. The Ordinance directly nullifies the interim order of the Tribunal dated June 25, 1991, which impinges upon the judicial power of the State and is ultra vires the Constitution. The Ordinance also has an extra-territorial operation affecting the flow of waters into Tamil Nadu and Pondicherry, thus exceeding Karnataka's legislative competence under Article 245(1) of the Constitution. The Ordinance is against the rule of law, as it allows Karnataka to act unilaterally and defy judicial decisions, potentially leading to lawlessness and anarchy.

Issue 2: Tribunal's Interim Order as Report and Decision
The Tribunal's order dated June 25, 1991, constitutes a report and decision within the meaning of Section 5(2) of the Inter-State Water Disputes Act, 1956. The order directs Karnataka to release water to ensure 205 TMC of water is available in Tamil Nadu's Mettur reservoir and regulates the release of water from month to month. This order is not merely declaratory but is meant to be implemented, making it a report and decision that must be published by the Central Government under Section 6 of the Act to be effective and binding on the parties.

Issue 3: Competence to Grant Interim Relief
The Tribunal is competent to grant interim relief when a reference for such relief is made by the Central Government. This was affirmed by the Supreme Court's decision on April 26, 1991, which directed the Tribunal to consider Tamil Nadu's request for interim relief on merits. The question of whether the Tribunal can grant interim relief when no reference is made by the Central Government does not arise in this context and is therefore not answered.

Conclusion:
1. The Karnataka Cauvery Basin Irrigation Protection Ordinance, 1991, is ultra vires the Constitution.
2. The Tribunal's interim order of June 25, 1991, is a report and decision under Section 5(2) and must be published under Section 6 of the Act.
3. The Tribunal can grant interim relief if the Central Government refers the matter for such relief. The question of granting interim relief without such a reference is not addressed.