Government Tells Supreme Court It Has No Legal Power To Direct Centre To Set Up Cauvery Management Board

The Supreme Court was told today (3 October) that it has no jurisdiction to direct the Central Government to set-up the Cauvery Management Board.

The Centre said it was just a recommendation by the Cauvery Water Dispute Tribunal and not binding on the government.

The move comes shortly after Karnataka moved a review petition in the top court, challenging its authority to pass orders to release Cauvery water and form a board in "violation" of the National Water Policy of 2012, which gives Karnataka's requirement for drinking water first priority over Tamil Nadu's needs of irrigation.

Attorney General Mukul Rohatgi made the submission before the bench of Justice Dipak Misra and Justice Uday Umesh Lalit while mentioning the Centre's application for modification of the apex court's 30 September order that directed the constitution of the Cauvery Management Board.

While fixing the hearing on the application for tomorrow (4 October), the bench reminded the attorney general that he had agreed on the last date of hearing that the Centre would constitute the Cauvery Management Board by 4 October. The attorney general told the bench that he had made a mistake by committing to set up the board.

Even as the Centre tried to wriggle out of its commitment to set up the board, the bench questioned Karnataka why it has not released the water.

"Have you released some water? There can be a part compliance of our order. We can understand your difficulty," it said as senior counsel Shekhar Naphade, appearing for Tamil Nadu, said Karnataka has not released any water as directed by the court.

As Rohatgi urged the court to hear the Centre's application seeking modification of 30 September order, Naphade opposed it, asking what was the hurry as Karnataka was not complying with the court's order and will not comply at all.

With inputs from IANS.