Karnataka Assembly resolution on Cauvery dispute has no value: former SC judges
Karnataka Assembly resolution on Cauvery dispute has no value: former SC judges [Polity]
Former SC judges have termed resolution passed by the two Houses of Karnataka to deny Tamil Nadu Cauvery water merely an ill-advised misadventure.
Resolution was no match for the constitutional might of the Supreme Court as the final and sole arbiter of Inter-State and Inter-State water disputes.
[Karnataka Legislature] resolution can be treated as an expression of opinion or a criticism of the Supreme Court order. Everyone has the right to criticise a court order. But SC is the final authority in resolving inter-State water disputes.
Karnataka has been raising objections against releasing 6,000 cusecs of Cauvery water to Tamil Nadu for three days.
Supreme Court’s mandate to be the final arbiter of inter-State water disputes is derived from the Indian Constitution itself, and not even the Parliament.
Article 144 of the Constitution says that the Supreme Court could even call summon the services of the Army to aid it in implementing a judicial order.
In May 2014 judgment in the Mullaperiyar dam case, Bench had quashed State law promulgated by the Kerala Legislature to defy a Supreme Court order allowing water level in the dam to be increased from 136 feet to 142 feet in favour of TN.
Upholding the sanctity of the Constitutional principle of Separation of Powers, the Mullaperiyar judgment said “a law enacted by the legislature may apparently seem to be within its competence, but yet in substance if it is shown as an attempt to interfere with the judicial process, such law may be invalidated being in breach of doctrine of separation of powers”.