As the spat over sharing of Cauvery waters continues into its 45th day, the Supreme Court on Tuesday directed Karnataka to release 2,000 cusecs of water per day to Tamil Nadu from October 7 to October 18.
The apex court has also agreed to set up a technical committee that would submit a report on the ground realities from both the states, after being unable to set up a Cauvery Water Management Board, as directed.
As Karnataka finally decides to comply with the SC order, the issue between the two states cools down for the moment. However, the next hearing on October 18 is when most decisions are likely to be made, with respect to water-sharing.
On August 22 2016, the Tamil Nadu government had approached the Supreme Court to get Cauvery water released from Karnataka for agricultural purposes, as per the final order of the
Cauvery Water Disputes Tribunal 2007. Karnataka, which has been reeling under drought-like conditions, refused to release water, stating that there was only enough water for drinking purposes.
Tamil Nadu told the Supreme Court that it required 20,000 cusecs per day while Karnataka insisted it could only release 10,000 cusecs per day.
Here’s a timeline of how the issue panned out:
September 5: SC orders Karnataka to release 15,000 cusecs per day, for 10 days
September 9: Karnataka observes bandh due to public unrest over the SC order. The state government approaches the apex court to modify its order, citing the law and order problem that erupted over the issue.
September 12: SC slams Karnataka for defying its order, issues a new one—to release12,000 cusecs of water per day till September 20. Violent protests broke out in Bengaluru, Mysuru and other parts of Karnataka against the court’s order. Damage caused by the rioters to public property amounted to crores of rupees. Section 144 was consecutively imposed in Bengaluru.
September 19: In a revised order, the Cauvery Supervisory Committee, set up by SC, ordered Karnataka to release 3,000 cusecs per day from September 21 to September 30.
September 23: Karnataka Legislative Assembly ’s special session passes a resolution to not release water to Tamil Nadu, defying the Supreme Court order for a second time.
September 27: SC orders Karnataka to release water for three days, until September 30. Karnataka , however, informs the apex court that they are not in a position to release water and suggests they would comply with the SC order by November. This was the third defiance of the SC order.
September 30: SC gives Karnataka the ’last opportunity’ to comply with its order-to release 6,000 cusecs, for the first six days in October. It warns the state government, saying ”No one would know when the wrath of the law would fall on it” In the same motion, the SC also ordered the Centre to constitute a Cauvery Water Management Board which was to be headed by Uma Bharti, Union Water Resources Minister.
October 1: Karnataka files review petition against the SC order to release 6,000 cusecs of water per day, after convening a special session of the State Legislature,thus missing the deadline to release water, again. On the same day, former Prime Deve Gowda Minister holds an indefinite hunger strike, making an appeal to Prime Minister Narendra Modi to intervene on behalf of Karnataka’s people. He said the the SC order a ’death warrant’
October 3: Attorney General Mukul Rohatgi moves the SC, challenging its September 30 order of the Centre constituting the Cauvery Water Management Board. He argues that only Parliament has the authority to create such a body. Meanwhile, after another special state legislature session, Karnataka agrees to comply with the September 30 order and began to release water to some parts of the Cauvery basin for agricultural purposes late on Monday night. The Assembly decided to release Cauvery water to Tamil Nadu after the level of water in its four reservoirs rose to 34.13 TMC.
October 4: SC issues a fresh order to Karnataka for release of 2,000 cusecs per day from October 7 to October 18, and also says a technical committeewill be formed in order to assess ground realities. However, the ambiguity of this resolution makes it unclear if the released water would flow to the neighbouring state.
The Centre’s U-Turn
In one of its orders, during the water-sharing discussion, the SC directed the Centre to create a Cauvery Water Management Board, as per provisions of the 2007 Cauvery Water Disputes Tribunal.
The board’s function was to oversee and ensure that the water was apportioned according to the formula arrived at by the tribunal. It would comprise representatives from the Centre and the states of Tamil Nadu, Karnataka, Kerala and the Union Territory of Puducherry.
However, after Attorney General Mukul Rohatgi moved the SC arguing that such a board could not be constituted without the approval of Parliament, the SC backed off. In a stark contrast to how the Centre has been mediating the water dispute between the two states, it cited Article 262 of the Constitution that bars judicial interventions in the water disputes.
Karnataka, the upper riparian state, goes to polls in 2018,in which the BJP would be fighting to get back to power, whereas the BJP has nothing much to lose in Tamil Nadu where polls are far off and its stature is that of a small party.