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WaterSharing – The Supreme Court on Monday instructed the Union government to move forward with the formation of an inter-State river water disputes tribunal to address the long-standing disagreement between Tamil Nadu and Karnataka over the sharing of waters from the Pennaiyar river system, also known as Dakshina Pinakini.

Supreme Court Sets Clear Timeline for Tribunal Formation

A Bench comprising Justices Vikram Nath and N.V. Anjaria directed the Centre to issue an official notification and complete the process of constituting the tribunal within one month. The court further ordered that the complaint submitted by the Tamil Nadu government be formally referred to the tribunal in accordance with Section 5 of the Inter-State River Water Disputes Act, 1956.

The Bench observed that there was no justification for delaying the establishment of a dedicated forum to adjudicate the dispute. It emphasized that the statutory mechanism under the Act must be activated when disagreements between States remain unresolved through other means.

Origin of the Legal Dispute Between the Two States

The court’s directive came while hearing an original suit filed by the Tamil Nadu government. The State had approached the apex court seeking intervention after years of unresolved discussions regarding water-sharing arrangements in the Pennaiyar basin. The suit highlighted concerns over various water-related projects undertaken by Karnataka in upstream areas, particularly structures and works linked to the Markandeya Nadhi.

Tamil Nadu argued that these projects, including proposed pumping schemes and storage facilities, could significantly reduce water availability downstream, affecting agriculture, drinking water supplies, and the livelihoods of local communities dependent on the river.

Tamil Nadu’s Concerns Over Upstream Projects

In its submissions, Tamil Nadu maintained that Karnataka’s actions had been carried out without adequate consultation or mutual agreement. The State contended that unchecked development in the upper reaches of the river basin could permanently alter natural flow patterns, causing long-term harm to downstream districts.

The government also pointed out that it had lodged a formal complaint with the Centre in November 2019, requesting the constitution of a tribunal under Section 3 of the 1956 Act. However, the request remained pending, prompting the State to seek judicial intervention.

Requests for Interim Protection Measures

Apart from asking for the tribunal’s formation, Tamil Nadu had urged the court to issue interim directions restraining Karnataka from proceeding with certain activities. These included the construction of a dam across the Markandeya Nadhi near Yargol village, as well as pumping water from tanks and directly from the Pennaiyar river.

The State also sought an order preventing Karnataka from launching any new water-related schemes within the Pennaiyar basin until the tribunal delivered its findings. Tamil Nadu argued that without interim safeguards, irreversible changes could be made before the dispute was fully examined.

Centre’s Earlier Stand and Legal Obligations

During earlier hearings, the Union government had suggested that the matter could be resolved through dialogue and inter-governmental consultations. However, Tamil Nadu informed the court that repeated rounds of talks at both official and ministerial levels had failed to produce any agreement acceptable to both sides.

Under Section 5 of the Inter-State River Water Disputes Act, once a tribunal is notified, the Centre is legally bound to refer the dispute and all related issues to it for adjudication. The tribunal is then empowered to examine evidence, hear both States, and deliver a binding decision.

Significance of the Court’s Direction

The Supreme Court’s order marks a crucial step in moving the Pennaiyar water-sharing dispute toward a structured legal resolution. By setting a strict timeline for tribunal formation, the court has underscored the importance of timely intervention in inter-State water conflicts, particularly when negotiations reach an impasse.

The tribunal’s eventual findings are expected to play a key role in defining water-sharing arrangements and guiding future project planning in the Pennaiyar basin, with implications for both States and the communities that rely on the river.