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CMB has final say in distribution of water to states rules Supreme Court
The Supreme Court laid down three major modifications on Wednesday to the Cauvery Scheme draft that was submitted by the Centre on May 14. While there was no clarity in the nomenclature of the scheme in its draft, the apex court has asked Centre to change the name of the authority to Board.
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The Centre was also directed to shift the headquarters from Bengaluru to Delhi. The top court asked for the removal of the clauses which read that the Centre’s decision was final and that the Cauvery Management Board (CMB) should comply with the changes of the Centre.
The apex court clearly specified that the Board alone has the authority to implement and award Cauvery water to the states.
In another significant ruling, the apex court also added that no more dams can be built across River Cauvery.
Meanwhile, the Supreme Court rejected Karnataka’s plea that finalisation of the draft Cauvery management scheme should be put on hold as the process of formation of a new government in the state is under way.
The bench, also comprising Justices AM Khanwilkar and DY Chandrachud, did not accept the vehement submission of senior advocate Shyam Divan, representing Karnataka, that the finalisation of the draft Cauvery scheme be put on hold till the first week of July as the process of government formation was on in the state.
The bench has now fixed the matter for Thursday to consider the modified draft scheme, which will ensure compliance of the February 16 apex court judgment relating to Cauvery water distribution among four states.
According to reports, Kerala Government too had requested for extension of time to respond to the draft scheme while Tamil Nadu opposed the adjournment plea.
Kerala also asked why the state was sharing 15% of Cauvery Authority’s expenses while the state received only 4% of water.
The top court also turned down Tamil Nadu’s plea to appoint a retired judge as the Chairman of the authority and also to discard the distress formula by the Cauvery authority.
The apex court also asked the Centre to modify a provision in the draft Cauvery management scheme that authorises the Union government to issue directions “from time to time” on Cauvery water distribution between four southern riparian states, Tamil Nadu, Karnataka, Kerala and Puducherry.
- No more dams can be built across River Cauvery.
- Headquarters of Board to be shifted from Bengaluru to Delhi
- Karnataka’s plea that finalisation of the draft Cauvery management scheme should be put on hold rejected
- Board alone has authority to implement and award Cauvery water to the states
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