The Supreme Court’s fiat to draft a ‘scheme’ on the Cauvery water release mechanism by May 3 has put the Modi government between a rock and a hard place. In an attempt to avoid getting into the Cauvery muddle till the May 12 Assembly elections in Karnataka, where the BJP has high stakes, the Centre tried to put the ball in the SC’s court by filing a clarification petition on the regulatory mechanism. It cited competing claims by stakeholders and the history of violence around the Cauvery issue to justify fears of the ‘scheme’ vitiating the poll atmosphere in Karnataka.
Where it got it wrong was the filing of the clarification petition on the last day of the six-week deadline the SC had set in its February 16 verdict. Had it approached the apex court much earlier, the bench could possibly have taken a sympathetic view. “Why didn’t you come to us earlier if you had any confusion?” Chief Justice Dipak Misra roasted Attorney General K K Venugopal while hearing Tamil Nadu’s contempt petition against the Centre.
When Venugopal sought the court’s instruction on the structure of the monitoring board, recalling the clarification petition, the CJI snapped: “We don’t know. You implement our decree.” In other words, he said, don’t be a smart alec. Do your ground work and then we will judge. The court’s pointed attack made the clarification petition infructuous. Now that the SC has cracked the whip, the Centre cannot sidestep Cauvery any longer.
Also, since it feared violence by lumpen elements, one can safely infer the proposed scheme could touch sensitive nerve ends Karnataka may not be entirely happy with. So, the May 3 draft would bring the Cauvery bang in the middle of the election campaign and generate additional heat. That was not the situation the BJP wanted to find itself in.As for Tamil Nadu, CJI Misra assured it will get its rightful share while asking the state to maintain peace. But the proof of the pudding is in the eating. Till water actually starts flowing, it will keep its fingers crossed.