The Pennaiyar River, also known as ‘Thenpennai,’ is the second longest river in Tamil Nadu after the Kaveri. It originates in the Nandi Hills in the Chikkaballapura district of Karnataka and flows through Tamil Nadu before emptying into the Bay of Bengal. The river’s catchment area is located in both Karnataka and Tamil Nadu.

The Dispute

In 2018, Tamil Nadu filed an original suit against Karnataka for constructing check-dams and diversionary structures on the river. In 2019, Tamil Nadu formally requested the Union government to constitute a tribunal for adjudication of disputes over the waters of the river. Tamil Nadu also objected to the construction of a check-dam across the Markandeya, a tributary of the Pennaiyar, by Karnataka.

Related Constitutional Provisions

Entry 17 under the State List deals with water, including water supply, irrigation, canal, drainage, embankments, water storage, and water power. Entry 56 under the Union List empowers the Union Government for the regulation and development of inter-state rivers and river valleys to the extent declared by Parliament to be expedient in the public interest.

Article 262 of the Indian Constitution provides for the adjudication of any dispute or complaint with respect to the use, distribution, or control of the waters of, or in, any inter-State river or river valley. Parliament may provide for the adjudication of such disputes or complaints, and neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint.

Legislations as per Article 262

The River Board Act, 1956, empowers the Central Government to establish boards for Interstate Rivers and river valleys in consultation with State Governments. The Inter-State Water Dispute Act, 1956, enables the Central Government to form a Tribunal after trying to resolve the dispute through consultations when any state government approaches the Central Government for the constitution of the Tribunal. The Tribunal’s composition includes the Chief Justice of India, a sitting judge from the Supreme Court, and two other judges either from the Supreme Court or High Court.

Provisions under the Inter-State River Water Disputes Act, 1956

The Tribunal has to be constituted within a year of getting the request, and it must give the award within three years. In certain situations, two more years can be given. The Tribunal award is not immediately implemented, and the concerned parties may seek clarification within three months of the award. Tribunal Awards will have the same force as the order or decree of the Supreme Court. The award is beyond the jurisdiction of the Supreme Court and will be considered final.

Centre’s Course of Action

The time limit fixed by the Supreme Court for the constitution of an inter-State river water disputes tribunal for Pennaiyar river has expired, and Tamil Nadu is waiting for the Centre’s next course of action. The Centre may form a Tribunal after trying to resolve the dispute through consultations, as per the Inter-State Water Dispute Act, 1956.

Why In News

The Time Limit for the Constitution of Inter-State River Water Disputes Tribunal for Pennaiyar River Expires,The Supreme Court’s fixed deadline for the formation of the tribunal has lapsed, and the state of Tamil Nadu is now waiting for the Centre’s next move in the dispute over the Pennaiyar river.

MCQs on Inter-State River Water Disputes in India

  1. What is the name of the river in dispute between Tamil Nadu and Karnataka?
    A. Pennaiyar
    B. Kaveri
    C. Noyyal
    D. Palar
    Correct Answer: A. Pennaiyar
    Explanation: As mentioned in the essay, the river in dispute is the Pennaiyar.
  2. Which constitutional provision empowers the Union government for the regulation and development of inter-state rivers and river valleys?
    A. Entry 56 under Union List
    B. Entry 17 under State List
    C. Article 262
    D. Inter-State Water Dispute Act, 1956
    Correct Answer: A. Entry 56 under Union List
    Explanation: As mentioned in the essay, Entry 56 under Union List empowers the Union government for the regulation and development of inter-state rivers and river valleys.
  3. What is the time limit for constituting a tribunal for inter-state river water disputes, as per the Inter-State River Water Disputes Act, 1956?
    A. 1 year
    B. 2 years
    C. 3 years
    D. 4 years
    Correct Answer: A. 1 year
    Explanation: As mentioned in the essay, the Tribunal has to be constituted within a year of getting the request.
  4. What is the composition of the tribunal for inter-state river water disputes?
    A. Chief Justice of India, Sitting Judge from Supreme Court, and two other Judges either from Supreme Court or High Court
    B. Chief Justice of India, President of India, and two other Judges from the High Court
    C. Chief Justice of India, Prime Minister, and two other Judges from the High Court
    D. Chief Justice of India, Governor of the concerned state, and two other Judges from the Supreme Court
    Correct Answer: A. Chief Justice of India, Sitting Judge from Supreme Court, and two other Judges either from Supreme Court or High Court
    Explanation: As mentioned in the essay, the tribunal for inter-state river water disputes comprises the Chief Justice of India, a Sitting Judge from the Supreme Court, and two other Judges either from Supreme Court or High Court.

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