SC alone has power to decide Kerala law on Mullaperiay: TN

Tamil Nadu argued the SC alone has the Constitutional jurisdiction to decide the validity of the legislation passed by Kerala to allegedly circumvent an apex court judgement on Mullaperiyar dam row.

Tamil Nadu on Thursday argued the Supreme Court alone has the Constitutional jurisdiction to decide the validity of the legislation passed by Kerala to allegedly circumvent an apex court judgement on Mullaperiyar dam row.

Appearing for the state,senior counsel K Parasaran disagreed with the view of the five-judge Constitution Bench hearing the matter that under Article 262 it was for the appellate Water Tribunal constituted under the Inter-State Water Disputes Act 1956 to decide the issue.

In response to a suggestion from the bench that the matter might better be resolved by the Tribunal,Parasaran submitted the issue was beyond the scope of a Tribunal as the question was whether the legislature can pass any law to overcome the judgement passed by the apex court.

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“Neither Parliament nor any state legislature has the power to decide. It is only the Supreme Court which has the power to decide the matter,”Parasaran said.

He pointed out that the Water Tribunal can decide issues like quantum of water or riparian rights but in the present case what was involved was the Constituitional propriety of Kerala enacting the law after the apex court had passed a judgement in favour of Tamil Nadu.

Earlier,in 2007,the apex court had passed a judgement in favour of Tamil Nadu by allowing it to raise the water level from 136 feet to 142 feet.

Kerala subsequently brought the legislation.

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