Holding

The Supreme Court has jurisdiction to interpret the Act and held that the Cauvery Water Disputes Tribunal does have jurisdiction to entertain the interim relief applications as they are within the referred water dispute.

Summary

The Government of Tamil Nadu complained to the Centre that Karnataka was impounding Cauvery waters in violation of inter‑State agreements, prompting the Central Government to constitute the Cauvery Water Disputes Tribunal under the Inter‑State Water Disputes Act, 1956. While the Tribunal was hearing the dispute, Tamil Nadu and the Union Territory of Pondicherry filed applications for interim relief directing Karnataka (and Kerala) to release specified quantities of water, which the Tribunal dismissed on the ground that it lacked jurisdiction to entertain such applications. Karnataka and Kerala contended that the Supreme Court also lacked jurisdiction to review the Tribunal’s order, invoking Article 262 of the Constitution and Section 11 of the Act. The Supreme Court held that it has the authority to interpret the Act and determine the Tribunal’s jurisdiction, and that the interim relief applications fell within the water dispute referred to the Tribunal, which therefore possessed the power to grant such relief. Consequently, the Court set aside the Tribunal’s order dismissing the applications and directed the Tribunal to decide them on merits, allowing the appeals.

Issues considered

Whether the Supreme Court has jurisdiction to interpret the Inter‑State Water Disputes Act and determine the scope of the Cauvery Water Disputes Tribunal’s powers notwithstanding Article 262 and Section 11 of the Act.
Whether the Tribunal is empowered to entertain applications for interim relief that were not expressly referred in the reference order.
Whether the interim relief applications are covered by the water dispute referred to the Tribunal.

Legislation cited

Inter-State Water Disputes Act, 1956s. 11, s. 3, s. 5

Subjects

inter‑state water disputeCauveryinterim reliefjurisdictionArticle 262statutory interpretationtribunal powers

Judgment

STATE OF TAMILNADU ETC.
v.
STATE OF KARNATAKA AND ORS. A

APRIL 26, 1991

[N.M. KASLIWAL, M.M. PUNCHHI AND R.M. SAHAI, JJ.]

Inter-State Water Disputes Act, 1956: ss. 3:5.11. Notification dated B
2.6.1990-Cauvery Water Disputes Tribunal-Applications for interim
reliefs-Whether has jurisdiction to entertain and grant. "

Constitution of India: Article 262-Adjudication of disputes
relating to inter-State rivers-Law to be made by Parliament-
Supreme Court's jurisdiction-Exclusion of-Whether arises. C
Statutory Inierpretation: Supreme Court's power to interpret
statute and decide Parameters, scope, power, and jurisdiction of a
statutory tribunal.

The Government of Tamil Nadu sent a complaint dated 6. 7.1986 D
to the Central Government under s. 3 of the Inter-State Water Disputes
' --,.._. Act, 1956 on the ground that its interests were being prejudiciously and
injuriously affected by the executive action taken by the State of
Karnataka, and by failure of that State to implement the terms of the
agreements relating to the use, distribution and control of the waters of
the river Cauvery. ' E

The Central Government by its notification dated 2.6.1990 con-
stituted the Cauvery Water Disputes Tribunal and referred to it for
adjudication the water disputes regarding the Inter-State river Cau-
very, and the river valley thereof emerging from the complaint dated
6.7.1986 rded by the State of Tamil Nadu.. F

During the pendency of the reference the Government of Tamil
Nadu rded an application before the Tribunal praying that the State of
Karnataka be directed not to impound or utilize waters of Cauvery
river beyond the extent impounded or utilised by it as on 31.5.1972 as
was agreed to by the Chief Ministers of Basin Stales and the Union G
Minister for Irrigation and Power; and that the State of Karnataka be
restrained from undertaking any new projects, dams, reservoirs, canals
etc. and/or proceeding further with any such work in the Cauvery
Basin.

501 H
.,
502 SUPREME COURT REPORTS [1991] 2 S.C.R.

On 8.9.1990 the Union Territory of Pondicherry filed an applica-
A
lion for an interim order directing the States of Karnataka and Kerala
to release, during the months of September to March, 9.355 T.M.C. of
water already agreed to.
¥
The Government of Tamil Nadu filed another emergent petition
B to direct the State of Karnataka to release at least 20 T.M.C. of waters
as a first instalment pending final orders on its earlier application as the
Samba crop could not be maintained without additional supplies at
Mettur Reservoir.
y-
The States of Karnataka and Kerala opposed the applications
and raised prilimtnary objections that the Tribunal constituted under
c the Act had limited jurisdiction having only those powers which had
been conferred on it under the Act and there was no provision of law
which authorised or conferred any jurisdiction on it to grant any
interim relief.

D The Tribunal held that it was authorised to decide only the 'water
dispute' or disputes which had been referred to it, and as from the
complaint dated 6. 7.1988 made by the State of Tamil Nadu, reference of _,,--
an interim dispute in regard to the release of waters by Karnataka
Government from year to year subsequent to the date of request made
by State of Tamil Nadu could not be inferred, it could not entertain
E ·.the prayer for inter relief unless the dispute relating to the same was
specifically referred to it. The applications were dismissed as not
maintainable.
•

•
In the appeals to this Court by States of Tamil Nadu and Union
Territory of Pondicherry, the respondent States of Karnataka and
'"'
F Kerala raised an objection that this Court had no jurisdiction to enter-
tain any appeal against the impugned order of the Tribunal as Article
262 of the Constitution clearly provided for, adjudication of disputes
relating to waters of inter-State rivers to be decided by law made by
Parliament in this regard.

G The appellants' case was that they have not come to this Court to
get a decision on merits of any dispute which is already pending before
4
the Tribunal but their grievance is only to the extent that the Tribunal
wrongly decided that it bad no jurisdiction to entertain any application
for interim relief because such dispute was not referred to it in the
reference. They contended that this Court has jurisdiction to decide the
H scope of the powers of the Tribunal under the Act and in case the Tri·
STATE OF T.N. v. STATE OF KARNATAKA 503

bunal wrougly refused to exercise the juristiction, this Court is com-
A
petent to set it right and direct the Tribunal to entertain such appli-

.,.. cation and decide the same on merits .
On the questions whether: (1) this Court has jurisdiction, to
decide the ;iowers and jurisdiction of the Tribunal under the Act, (2)
the prayers in the applications for interim relief were covered under the
B
dispute referred to the Tribunal, and (3) the Tribunal bas jurisdiction
to entertain the applications for interim reliefs. ,.

Allowing the appeals, this Court,
-'y HELD: (By the Court, Per Kasliwal, !.) 1. Notwithstanding any-
thing in the Constitution, Parliament is authorised by law to provide that
neither the Supreme Court nor any other Court shall exercise jurisdiction in
c
respect of any dispute or complaint relating to the use, distribution or
control of the waters of, or in, any inter-State river or river valley. The
dispute referred by the Central Government to the Cauvery Water
Dispute Tribunal under the Inter-State Water Disputes Act related to
the above controversy and as such this Court had no jurisdiction to D·
decide the merits of the dispute raised by the appefilants and pending
~ before the Tribunal. [509C-D]

2. It is the judiciary alone to have. the function of determining
authoritatively the meaning of a statutory enactment and to lay down
the frontiers of jurisdiction of any body or tribunal constituted under a E
statute. The Cauvery Water Disputes Tribunal was a statutory autho-
.. rity constituted under the Inter-State Water Disputes Act, 1956, and
this Court being the ultimate interpreter of the provisions of the said
'T" Act, had an authority and jurisdiction to decide the parameters, scope,
powers and the jurisdiction of the Tribunal. This Court had not only
the power but obligation to decide as to whether or not the Tribunal had F
any jurisdiction under the Act to entertain any application for interim
relief till it rmally decides the dispute referred to it. [S09E-F; SllE-F]

Sanjeev Coke Manufacturing Company v. Bharat Coking Coal
Ltd. & Anr., [1983] 1SCR1000 at p. 1029 andKeharSingh andAnr. v.
__,...,_..., Union of India & Anr., [1989] 1 SCC 204at p. 214, followed. G

3. By the order of reference dated 2.6.1990, the Central Govern-
ment had referred to the Tribunal the Water disputes regarding the
inter-State river Cauvery emerging from the letter dated 6. 7.1986 sent
by the Government of Tamil Nadu. Thus all the disputes emerging from
letter dated 6. 7 .1986 had been referred to the Tribunal. The Tribunal H
504 SUPREME COURT REPORTS [ 1991] 2 S.C.R.

committed a serious error in omitting to read the passage of the comp-
A
laint wherein the State of Tamil Nadu was claiming for an immediate
relief as, year after year, the realisation at Mettur was falling fast and
thousands of acres in their ayacut in the basin were forced to remain
fallow. It was specifically mentioned that the inordinate delay in solving
the dispute was being taken advantage of by the Government of Karnataka
B in extending their canal systems and their ayacut in the new projects and
every day of delay was adding to the injury caused to their existing
irrigation. The Tribunal was thus clearly wrong In holding that the
Central Government had not made any reference for granting any
interim relief. [Sl4D-E; SISC-D]

C 4. Irrespective of appellants' case for any interim relief on merits,
the reliefs prayed by them in their applications before the Tribunal
clearly come within the purview of the dispute referred to it by the
Central Government under s. S of the Act, and the Tribunal is directed
to decide the same on merits. [SISE; Sl6B]

D S. The Tribunal did not hold that it had no incidental and ancil-
lary powers for granting an interim relief, but it refused to entertain the
petitions on the ground that the reliefs prayed therein had not been ~-
referred by the Central Government. In that view, it is not necessary to
decide in the instant case the larger question whether a Tribunal con-
stituted under the Inter-States Water Disputes Act, 19S6 has any power
E or not to grant any interim relief. [SISE-Fl

Tamil Nadu Cauvery Neerppasana Vilaiporu/gal Vivasayiga/
•
Nalaurimal Padhugappu Sangam v. Union of India & Ors., [1990] 3
sec 440, referred to.
F 'Statutory Interpretation' by Francis Bennion, (pages S3 and 548)
referred to.

Per Sahai, J.:

Under the Constitutional set up it is one of the primary res~
G ponsibilities of this Court to determine jurisdiction, power and limits of .._-
any tribunal or authority created under a statute. fSl 6C]

There are resenations on other issues including the construction
of the letter dated 6th July, 1986. However, it is not necessary to express
any opinion on it since what started as an issue of profound constitu-
H tional and legal importance f'izzled out when the States of karnataka

-~:
STATE OF T.N. v. STATE OF KARNATAKA [KASLIWAL, J.] 505

and Kerala stated through their Counsel that they w.ere agreeable for
A
detennination of the applications for interim directions on merits. [516C-D]

CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 303-
304, 2036 of 1991.

From the Judgment and Order dated 5.1.1991 of the Cauvery B
Water Disputes Tribunal in C.M . P. Nos. 4, 9 and 5 of 1990.

M. Chander Sekharan, Additional Solicitor General, K. Parasa-
ran, F.S. Nariman, Dr. Y.S. Chitale, S.S. Javali, A.S. Nambiar, P.S.
Poti, C. Shivappa, M.S. Ganesh, V. Krishnamurthy, P.K. Manohar,
Smt. S. Vasudevan, M. Veerappa, Mohan Katarki, Atul Chitale, K.H.
Nobin Singh, T.T. Kunhikannan, Mrs. Sushma Suri and A.K. Srivas-
c
tava for the appearing parties.

The Judgment of the Court was delivered by

KASLIWAL, J, Special Leave granted in S.L.P. (C) No. 4991 of D
.... ·;.- 1991.

These appeals by grant of special leave are directed against the
order of the Cauvery Water Disputes Tribunal dated January 5, 1991.
The above appeals have been filed by the Governments of Tamilnadu
and Union Territory of Pondicherry in respect of Civil Misc. Petition E
(in short 'C.M.P.') Nos. 4 and 9 of, 1990 by the Government of
Tamilnadu and C.M.P. No. 5 of 1990 filed by the Union Territory of
Pondicherry and dismissed by the Tribunal by a common order dated
January 5, 1991.

As identical questions of law arise in these cases, we would state F
the facts of C.M.P. filed by the Government of Tamilnadu. The
Government of Tamilnadu filed a complaint dated 6th July, 1986 on
the ground that the interests of the State of Tamilnadu and of its
inhabitants (particularly the farmers in the Cauvery Delta) had been
and is prejudiciously and injuriously affected by the executive action
taken and proposed to be taken by the upper riparian States of G
Karnataka and by the failure of that State to implement the terms of
the agreements relating to the use, distribution and control of the
waters of river Cauvery. The said complaint was made to the Central
Government under Section 3 of the Inter-State Water Disputes Act,
1956 (hereinafter referred to as 'the Act').
H
506 SUPREME COURT REPORTS [ 1991] 2 S.C.R.

A The Central Government by Notification dated 2.6.1990 consti-
tuted the Cauvery Water Disputes Tribunal and passed the following
order of reference:

No. 21/1/90-WD
B
Government of India
(Bharat Sarkar)

Ministry of Water Resources
(Jal Sansadhan Mantralaya)
c New Delhi, 2nd June, 1990.

REFERENCE

In the exercise of the powers conferred by sub-section (1)
D of Section 5, of the Inter-State Water Disputes Act, 1956
(33 of 1956), the Central Government hereby refers to the
Cauvery Water Disputes Tribunal for adjudication, the
water disputes regarding the inter-State river Cauvery and
the river valley thereof, emerging from letter No. 17527/
K2/82-110 dated the 6th July, 1986 from the Government
E ofTamilnadu (copy enclosed).

By order and in the name of
The President of India

(M.A. CHITALE)
F SECRETARY, (WATER RESOURCES)

Chairman,
The Cauvery Water Disputes Tribunal,
New Delhi.

G During the pendency of above reference the Government of
Tamilnadu filed C.M.P. No. 4 of 1990 praying that the State of
Karnataka be directed not to impound or utilise water of Cauvery river
beyond the extent impounded or utilised by them as on 31.5.1972, as
agreed to by the Chief Ministers of the Basin States and Union Minis-
ter for Irrigation and Power. It was further prayed that an order be
H passed restraining the State of Karnataka from undertaking any new
STATE OF T.N. v. STATE OF KARNATAKA (KASLIWAL, J.] 507

projects, dams, reservoirs, canals etc., and/or from proceeding further
A

,.
with the construction of projects, dams, reservoirs, canals etc. in the
Cauvery Basin .
.
On 8.9.1990 C.M.P. No. S of 1990 was filed by the Union Terri-
tory of Pondicherry seeking an interim order directing the States of
Karnataka.and Kerala to release the water already agreed to, that is, B
9.355 T.M:C. during the months September to March.

The Government of Tamilnadu filed another emergent petition
C.M.P. No. 9 of 1990 to direct the State of karnataka to release at least
-y 20 T.M.C. of waters as a first instalment pending final orders on
C.M.P. No:. 4 of 1990. This petition was submitted on the gro'!nd that
the Samba crop cannot be maintained without additional supplies at c
Mettur Reservoir.

All the above C.M.Ps. were opposed by the State of Karnataka
and the State of Kerala both on merits as well as on a preliminary
objection that the Tribunal had no power or jurisdiction to entertain D
these petitions to grant any interim relief. The preliminary objection
was based on the ground that the Tribunal constituted under the Act
had limited jurisdiction. It had no inherent power like an ordinary
civil court. It was having only those powers which have been conferred
on it under the Act and there was no provision of law which authorised
or conferred any jurisdiction on the Tribunal to grant any interim E
relief. TJie Tribunal upheld the objection raised on behalf of the State
of Karnataka, and State of Kerala and as a result of which by its order
dated January 5, 1991 ordered that the Tribunal cannot entertain the
applications for the grant of interim reliefs and the C.M.P. Nos. 4, 5
and 9 were held to be not mantainable in law and as such dismissed.
Aggrieved against the aforesaid order of the Tribunal these appeals F
have been filed by the State of Tamilnadu and the Union Territory of
Pondicherry.

Dr. Y.S. Chitale, appearing on behalf of the respondent, State of
Karnataka raised an objection that this Court had no jurisdiction to
entertain any appeal against the impugned order of the Tribunal. It G
was submitted that Article 262 of the Constitution clearly provided
that in respect of adjudication of disputes relating to waters of Inter-
State rivers has to be decided by law made by Parliament in this
regard. Clause (2) of Article 262 further provided that Parliament may
by law provide that neither the Supreme Court nor any other Court
shall exercise jurisdiction in respect of any such dispute or complaint H
508 SUPREME COURT REPORTS [1991] 2 S.C.R.

A as is referred to in Clause (1), notwithstanding anything contained in
this Constitution. It was submitted that the Inter-State Water Disputes
Act, 1956 was enacted by the Parliament, to provide for the adjudica-
tion of disputes relating to waters of Inter-State river, and river -Jr
valleys. Section 11 of this Act provided as under:

B "Notwithstanding anything contained in any other law,
neither the Supreme Court nor any other court shall have
or exercise jurisdiction in respect of any water dispute
which may be referred to a Tribunal under this Act."

It was thus contended that the above Section .11 clearly took away not
C only jurisdiction of any other Court but also of the Supreme Court in
express terms.

On the other hand Mr. K. Parasaran, learned counsel appearing
on behalf of the State of Tamilnadu contended that the provisions
contained in Section 11 of the Act read'with Article 262 of the Con-
D stitution only excluded the jurisdiction of the Supreme Court or any
other Court to decide any dispute or complaint with respect to the use,
distribution or control of the waters of, or in, any Inter-State river or
river valley. It was submitted that the appellants have not come before
this Hon'ble Court to get a decision on merits of any dispute which is
already pending before the Tribunal. The grievance of the appellants
E is only to the extenf that the Tribunal wrongly decided that it had no
jurisdiction to entertain any interim application, as such dispute was
not referred to it in the reference made by the Central Government. It
was submitted that this Court has the jurisdiction to decide the scope
of the powers of the Tribunal under the Act and in case the Tribunal
has wrongly refused to exercise jurisdiction under the Act, then this
F Court is competent to set it right and direct the Tribunal to entertain
such application and to decide the same on merits.

In order to appreciate the above controversy it would be proper
to refer to Article 262 of the Constitution and Section 11 of the Act

G
which read as under:
_,_
_

Article 262-Adjudication of disputes relating to waters of
inter-state rivers or rivers valleys:

(!) Parliament may by law provide for the adjudication of
any dispute or complaint with respect to the use, distribu-
H tion or control of the waters of, or in, any inter-State river
or river valley.
STATE OF T.N. v. STATE OF KARNATAKA [KASLIWAL, J.l 509

(2) Notwithstanding anything in this Constitution Parlia- A
men! may by law provide that neither the Supreme Court
nor any other Court shall exercise jurisdiction in respect of
any such dispute or complaint as is referred to in clause (1).

Section 11:
B
"Notwithstanding anything contained in any other law,
neither the Supreme Court nor any other court shall have
or exercise jurisdiction in respect of any water dispute
which may be referred to a Tribunal under this Act."

A perusal of the above provisions leaves no manner of doubt that
notwithstanding anything in the Constitution, Parliament is authorised c
by law to provide that neither the Supreme Court nor any other Court
shall exercise jurisdiction in respect of any dispute or complaint relat-
ing to the use, distribut.ion or control of the waters of, or in, any
inter-State river or river valley. The dispute referred by the Central
Government to the Tribunal under the Act relates to the above con-
D
troversy and as such this Court has no jurisdiction to decide the merits
of the dispute raised by the appellants and pending before the
Tribunal. The controversy, however raised by the appellants in these
appeals is that they had submitted the applications before the Tribunal
for granting interim relief on the ground of emergency till the final
disposal of the dispute and the Tribunal wrongly held that it had no
E
jurisdiction to entertain the same. The Tribunal is a Statutory autho-
rity constituted under an Act made by the Parliament and this Court
has jurisdiction to decide the parameters, scope, authority and juris-
diction of the Tribunal. It is the judiciary i.e. the courts alone have the
function of deterrnining authoritatively the meaning of a statutory
enactment and to lay down the frontiers of jurisdiction of any body or
F
Tribunal constituted under the Statute. Francis Bennion in his book
'Statutory Interpretation' on pages 53 and 548 has dealt the matter as
under:

P. 53
"Under the British Constitution, the function of deterrnin- G
ing authoritatively the meaning of a parliamentary enact-
ment is entrusted to the judiciary. In the words of Richard
Burn they have the exposition of Acts, which must not be
expounded 'in any other sence than is truly and properly
the exposition of them'. This is but one aspect of the
Court's general function of applying the relevant law to the H
510 SUPREME COURT REPORTS [1991) 2 S.C.R.

facts of the case before it. The starting point is, therefore,
A
to consider this function."

P. 548
"It is the function of the court alone to declare the legal
meaning of an enactment. If anyone else (such as the
B
draftsman of the provision) purports to lay down what the
legal meaning is the court will tend to react adversely,
regarding this -as an encroachment upon its constitutional
sphere".

A Constitution Bench of this Court in Sanjeev Coke Manufacturing
C Company v. Bharat Coking Coal Ltd. & Anr., [1983) l SCR 1000 at P.
1029 observed as under:

"No one may speak for the Parliament and Parliament is
never before the Court. After Parliament has said what it
intends to say, only the Court may say what the Parliament
D
meant to say. None else. Once a statute leaves Parliament
House, the Court's is the only authentic voice which may
echo (interpret) the Parliament. This the Court will do with
reference to the language of the statute and other permissi-
ble aids. The executive Government may place before the
Court their understanding of what Parliament has said or
E intended to say or what they think was Parliament's object
and all the facts and circumstances which in their view led
to the legislation. When they do so, they do not speak for
Parliament. No act of Parliament may be struck down
because of the understanding or misunderstanding of
Parliamentary intention by the executive government or
F because their (the Government's) spokesmen do not bring
out relevant circumstances but indulge in empty and self-
defeating affidavits. They do not and they cannot bind
Parliament. Validity of legislation is not to be judged
merely by affidavits filed on behalf of the State, but by all
G
the relevant circumstances which the Court may ultimately
find and more especially by what may be gathered from I
~
what the legislature has itself said. We have mentioned the
facts as found by us and we do not think that there has been
any infringement of the right guaranteed by Art. 14."

In Kehar Singh and Anr. v. Union of India and Anr., [ 1989) I
H
SCC 204 at p. 214, this Court observed as under:
STATE OF T.N. v. STATE OF KARNATAKA [KASLIWAL, J.) 511

"Ill the course of argument, the further question raised was A
whether judicial review extends to an examination of the
order passed by the President under Art. 72 of the Con-
stitution. At the outset we think it should be clearly under-
stood that we are <:0nfin~d to the question as to the area
and scope of the President's power and not with the ques-
tion whether it has been truly exercised on the merits. B
Indeed, we think that the order of the President cannot be
subjected to judicial review on its merits except within the
strict limitations defined in Maru Ram v. Union of India.
. -~ The function of determining whether the act. of a constitu-
tional or statutory functionary falls within the constitu-
tional or legislative conferment of power, or is vitiated by
self-denial on an erroneous appreciation of the full c
amplitude of the power is a matter for the Court."

In the dispute relating to river Cauvery itself an application
under Article 32 of the Constitution was filed by the Tamil Nadu
Cauvery Neerppasana Vilaiporulgal Vivasayigal Nala Urimal Padhu- D
gappu Sangam which was said to be .a society registered under the
Tamilnadu Societies Registration Act asking this Court for direction to
the Union of India to refer the dispute under Section 4 of the Act and
this Court in Tamil Nadu Cauvery Neerppassna Vilaiporulgal Vivasayi-
gal Nalaurimal Padhugappu Sangam v. Union of India & Ors., [1990] 3
SCC 440 allowed the petition and directed the Central Government to E
fulfil its statutory obligation and notify in the official Gazette the
constitution of an appropriate tribunal for the adjudication of the
water dispute.

Thus, we hold that this Court is the ultimate interpreter of th.e
provisions of the inter-State Water Disputes Act, 1956 and has an F
authority to decide the limits, powers and the jurisdiction of the Tri-
bunal constituted under the Act. This Court has not only the power
but obligation to decide as to whether the Tribunal has any jurisdiction
or not under the Act, to entertain any interim application till it finally
decides the dispute referred to it. There is thus no force in the above
argument raised by Dr. Y.S. Chitale. G

We would now examine the controvercies raised on merits in
these appeals. It was contended on behalf of the appellants before the
Tribunal that it had jurisdiction to entertain these miscellaneous peti-
tions for interim relief. Firstly, for the reason that when the Tribunal
while exercising powers of granting interim relief it will be only exer- H
512 SUPREME COURT REPORTS [1991] 2 S.C.R.

A cising 'incidental and ancillary powers' , as the interim reliefs prayed
for arise out of the water dispute which has been referred to the Tri-
bunal. Secondly, under Article 262 of the Constitution of India, once .Ill _,
the Parliament has enacted the Act providing for adjudication of a '-
dispute in regard to sharing of water of Cauvery Basin, no other Court
in the country has the jurisdiction to grant an interim relief and, as
B such, the Tribunal has the inherent powers to grant the interim relief,
otherwise petitioners shall be left with no remedy for the enforcement
of.their rights.

The Tribunal examined the scheme of the Act and after advert-
ing to the provisions of Sections 3 to 6-A of the Act held that this Act
was a complete code in so far as the reference of a disupte is con-
c cerned. The Tribunal was authorised to decide only the 'water dispute'
or disputes which have been referred to it. If the Central Government
was of the opinion that there was any other matter connected with or
relevant to the water dispute which had already been referred to the
Tribunal, it was always open to the Central Government to refer also
D the said matter as a dispute to the Tribunal constituted under Section 4
of the Act. The Tri~unal further held as under:

"The interim reliefs which had been sought for even if the
same are connected with or relevant to the water dispute
already referred cannot be considered because the disputes
E in respect of the said matters have not been referred by the
Central Government to the Tribunal. Further, neither
there is any averment in these petitions that the dispute
related to interim relief cannot be settled by negotiations
and that the Central Government has already formed the
opinion that it shall be referred to the Tribunal. In case the
F petitioners of C.M.P. Nos. 4, 5 and 9 of 1990 are aggrieved
by the conduct of the State of Karnataka and an emergent
situation has arisen, as claimed, they could have raised a
dispute before the Central Government and in case the
Central Government was of the opinion that the said dis-
pute could not be settled by negotiations, the said dispute
G could also have been referred by the Central Government
to the Tribunal."

The Tribunal then referred to the reference order dated 2.6.1990
and observed that in the letter dated 6. 7 .86, from the Government of
Tamilnadu, which is the basis of the reference, the State of Tamil-
H nadu sought reference of the following dispute to the Tribunal:
STATE OF T.N. v. STATE OF KARNATAKA [KASLIWAL, J.] 513

(a) The executive action taken by the Karnataka State in A
constructing Kabini, Hemavathi, Harangi Swarnavathi and
other projects and expanding any ayacuts:

(i) which executive action has resulted in materially dimi-
nishing the supply of waters to Tami!nadu;
B
(ii) which executive action has materially affected the pre-
scriptive rights of the ayacutdars already acquired and
existing; and ·

(iii) which executive action is also in violation of the 1892
and 1924 Agreements; and
c
(b) the failure of the Kamataka Government to implement
the terms of the 1892 and 1924 Agreements refuting to the
use, distribution and control of the Cauvery waters."

The Tribunal from the above letter dated 6. 7 .86 inferred that no D
interim dispute in regard to the release of waters by the Kamataka
Government from year to year subsequent to the date of the request
made by the State of Tamilnadu was at all referred to the Tribunal.
The Tribunal thus held that in their opinion the Tribunal cannot enter-
tain the prayer for interim relief unless the dispute relating to the same
was specifically referred to the Tribunal. The Tribunal then considered E
the question as to whether the granting of an interim relief by the
Tribunal will be in exercise of incidental or ancillary powers. After
referring to certain decisions of this Court, the Tribunal observed that
the incidental and ancillary powers must relate to the actual dispute
referred and not to any other matter including granting of interim
reliefs which are not at all subject matter of reference. The Tribunal F
further held.that the Tribunal will have the power to pass such conse-
quential order as are required to be made while deciding the said
dispute and will also have incidental and ancillary powers which will
make the dicision of the reference effective but these powers are to be
exercised only to enable it to decide the reference effectively but not to
decide disputes not referred including a dispute in regard to grant of G
interim relief/interim reliefs. The Tribnual also adverted to the provi-
sions of Sections 9 and 13 of the Act as well as inter-State Water
Disputes Rules, 1959 and held that these provisions were also indica-
tive of the fact that the Tribunal had no power to grant any interim
relief of the nature asked for. It was observed in this regard that in case
intention of Parliament was that the Tribunal may be able to grant any H
514 SUPREME COURT REPORTS [1991] 2 S.C.R.

A interim relief without the dispute being referred to the Tribunal, it
would have either provided such powers in the Act itself or in the rules
framed under the Act, but this has not been done.

As regards the second submission the Tribunal held that it was
wrong to contend that the State of Tamilnadu was left with no remedy
B available to it, because it was open for the State of Tamiln~du to
approach the Central Government and if the Central Government
found that the dispute was connected with or related to the water
dispute already referred to the Tribunal, it was open to it to refer the
said dispute also to the Tribunal in regard to the granting of an interim
't .
relief. In the view taken above, the Tribunal was of the opinion that it
C cannot entertain the applications for<the grant of interim reliefs.

We have considered the arguments made by Mr. K. Parasaran on
behalf of the appellants and Dr. Chitale and Mr. Nariman for the
respondents. Learned counsel for the Union Territory of Pondicherry
adopted the arguments of Mr. K. Parasaran and learned counsel for
D the State of Kera!a adopted the arguments of Dr. Chi tale.

A perusal of the order of reference dated 2.6.90 as already ~ -
extracted above clearly goes to show that the Central Government had
referred the water disputes regarding the inter-State river Cauvery and
the river valley thereof, emerging from letter dated 6th July, 1986 from
E the Government of Tamilnadu. Thus all the disputes emerging from
letter dated 6th July, 1986 had been referred to the Tribunal. The
Tribunal committed a serious error in omitting to read the following
important paragraph contained in the aforesaid letter dated 6. 7.86:

REQUEST FOR EXPEDITIOUS ACTION IN REFER-
F RING THE DISPUTE TO TRIBUNAL: .

"From 1974-75 onwards, the Government of Karnataka
has been impounding all the flows in their reservoirs. Only
after their reservoirs are filled up, the surplus flows are let
down. The injury inflicted on this State in the past decade
G due to the unilateral action of Karnataka and the suffering
we had in running around for a few TMC of water every
time and crops reached the withering stage has been briefly
stated in note (Enclosure-XXVIII). It is patent that the
Government of Karnataka have badly violated the inter-
State agreements and caused irrepairable harrn to the age
H old irrigation in this State. Year after year, the realisation
STATE OF T.N. v. STATE OF KARNATAKA [KASLIWAL, J.] 515

at Mettur is falling fast and thousands of· acres in our ayacut
A
in the basin are forced to remain fallow. The bulk of the
existing ayacut in Tamilnadu concentrated mainly in Than-
javur and Thiruchirappalli districts is already gravely
affected in that the cultivation operations are getting long
delayed, traditional double crop lands are getting reduced
to single crop lands and crops even in the single crop lands B
are withering arid falling for want of adequate wettings at
crucial times. We are convinced that the inordinate delay in
solving the dispute is taken advantage of by the Govern-
ment of Karnataka in extending their canal systems and
their ayacut in the new projects and every day of delay in
adding to the injury caused to our existing irrigation."
c
The above passage clearly goes to show that the State of
Tamilnadu was claiming for an immediate relief as year after year, the
realisations at Mettur was falling fast and thousands of acres in their
ayacut in. the basin were forced to remain fallow. It was specifically
mentioned that the inordinate delay in solving the dispute is taken D
advantage of by the Government of Karnataka in extending their canal
systems and their ayacut in the new projects and every day of delay is
adding to the injury caused to their existing irrigation. The Tribunal
was thus clearly wrong in holding that the Central Government had
not made any reference for granting any interim relief. We are not
. concerned, whether the appellants are entitled or not, for any interim E
relief on merits, but we are clearly of the view that the reliefs prayed
by the appellants in their C.M.P. Nos. 4, 5 and 9 of 1990 clearly come
• within the purview of the dispute referred by the Central Government
under Section 5 of the Act. The Tribunal has not held that it had no
incidental and ancillary powers for granting an interim relief, but it has
refused to entertain the C.M.P. Nos. 4, 5 and 9 on the ground that the F
reliefs prayed in these applications had not been referred by the Cent-
ral Government. In view of the above circumstances we think it is not
necessary for us to decide in this case, the larger question whether a
Tribunal constituted under the Water Disputes Act has any power or
not to grant any interim relief.-1n the present case the appellants
become entitled to succeed on the basis of the finding recorded by us in G
therir favour that the reliefs prayed by them in their C.M.P. Nos. 4, 5
and 9 of 1990 are covered in the reference made by the Central Gov-
ernment. It may also. be rioted that at the fag end of the arguments it
was submitted before us on behalf of the State of Kamataka that they
were agreeable to proceed with the ·c.M.Ps. on merits before the
Tribunal on the terms that all party States agreed that all questions H
516 SUPREME COURT REPORTS [1991] 2 S.C.R.

A arising out of or connected with or relevant to the water dispute (set
out in the respective pleadings of the respective parties), including all
applications for interim directions/reliefs by party States be deter-
mined by the Tribunal on merits. However, the above terms were not
agreeable to the State of Tamilnadu as such we have decided the
appeals on merits.
B
In the result the appeals are allowed, the Judgment of the
Cauvery Water Disputes Tribunal dated 5.1.1991 is set aside and the
Tribunal is directed to decide the C.M.P. Nos. 4, 5 and 9 of 1990 on
merits. In the facts and circumstances of the case we direct the parties
to bear their own costs.
c
SABAi, J. I agree with brother Kasliwal, J. that under the con-
stitutional set up it is one of the primary responsibilities of this Court
to determine jurisdiction power and limits of any tribunal or authority
created under a statute. But I have reservations on other issues includ-
D ing the construction of the letter dated 6th July, 1986. However, it is
not necessary for me to express any opinion on it since what started as
an issue of profound constitutional and legal importance fizzled out
when the States of Karnataka and Kerala stated through their counsel
that they were agreeable for determination of the applications for
interim directions on merits.

R.P. Appeals allowed.