9. PENNAIYAR RIVER DISPUTE: Mandatory Tribunal Constitution

The Supreme Court has directed the Union Government to constitute an Inter-State River Water Disputes Tribunal within one month to adjudicate the long-standing conflict between Tamil Nadu and Karnataka. The dispute centers on the construction of check dams and diversion structures by Karnataka on the Pennaiyar River (also known as South Pennar or Ponnaiyar), which Tamil Nadu claims violates historical agreements and riparian rights. • Judicial Mandate: Exercising its powers, the Supreme Court invoked Section 5 of the Inter-State River Water Disputes (ISRWD) Act, 1956, to compel the Centre to notify a tribunal after prior mediation attempts failed to yield a resolution.• Riparian Rights & National Assets: Tamil Nadu’s legal stance is that inter-state river water is a \'national asset,\' and no single upper-riparian state can claim exclusive ownership or divert water to the detriment of lower-riparian residents. • Contention over 1892 Agreement: A pivotal point of the dispute is the 1892 Water Agreement (signed between the erstwhile Mysore Princely State and Madras Presidency), which Tamil Nadu asserts is \'valid and binding,\' requiring Karnataka to seek prior consent before initiating new irrigation or diversion projects. • Karnataka’s Infrastructure Projects: The conflict escalated in 2018 when Karnataka initiated work on dams and diversion structures on the river basin, prompting Tamil Nadu to seek a permanent prohibition on any new schemes until a formal adjudication is completed. • Adjudicatory Delay: The Centre’s hesitation to form the tribunal earlier led to the current apex court intervention, highlighting the friction between executive discretion and the mandatory requirements of the 1956 Act when a \'complaint\' is filed by a state. GEOGRAPHICAL PROFILE: THE PENNAIYAR RIVER • Origin: The river rises in the Nandi Hills in the Chikkaballapura district of Karnataka. • Course: It flows through Karnataka and enters Tamil Nadu (passing through Krishnagiri, Dharmapuri, Tiruvannamalai, and Cuddalore) before emptying into the Bay of Bengal. • Basin: It is the second-largest interstate river basin in Tamil Nadu after the Cauvery. CONSTITUTIONAL AND LEGAL FRAMEWORK • Article 262: This is the specific constitutional provision dealing with the adjudication of disputes relating to waters of inter-state rivers or river valleys. It allows Parliament to enact laws that bar the jurisdiction of the Supreme Court and other courts in such disputes. • Inter-State River Water Disputes (ISRWD) Act, 1956: Enacted under Article 262, it provides for the constitution of a Tribunal. The decision of the Tribunal is final and binding on the parties. • Seventh Schedule: \'Water\' is a State subject (Entry 17, List II), but \'Regulation and development of inter-state rivers\' is a Union subject (Entry 56, List I). • Doctrine of Equitable Apportionment: A principle of international and domestic law often used by Tribunals to ensure that all riparian states get a fair and reasonable share of the water based on their needs and geography. KEY DEFINITIONS • Upper Riparian State: The state located closer to the source of the river (e.g., Karnataka in this dispute). • Lower Riparian State: The state located further downstream, closer to the mouth of the river (e.g., Tamil Nadu).• Adjudication: The formal legal process of resolving a dispute through a neutral third party (in this case, the Tribunal). CONCLUSION The direction to form a tribunal for the Pennaiyar River underscores the recurring challenges in India\'s federal water management. While judicial intervention ensures that legal processes move forward, the long-term solution lies in a collaborative basin-management approach. This case reinforces the sanctity of pre-independence water treaties and the necessity of upholding the \'Riparian Doctrine\' to ensure equitable distribution among states sharing common natural resources. UPSC RELEVANCE • GS Paper II: Federalism and challenges; Inter-state relations (Article 262); Role of the Judiciary and the Union Executive in resolving water conflicts. • GS Paper I: Regional geography of Peninsular India; Drainage systems (River Pennaiyar and its tributaries). • Prelims Focus: Article 262 vs Article 131 (Jurisdiction); ISRWD Act, 1956 provisions; Origin and course of the Pennaiyar River; historical 1892/1924 water agreements.