December 10, 2016 1:23:12 am
The Supreme Court on Friday rejected the central government’s plea to transfer the Cauvery river water dispute to inter-state water tribunal for want of jurisdiction and held that it will continue adjudicating the contention between Karnataka and Tamil Nadu over sharing of water.
A three-judge bench headed by Justice Dipak Misra interpreted the law as well as the Constitution to hold that the special leave petitions filed by Karnataka, Tamil Nadu and Puducherry were maintainable.
The court said that Section 6 (2) of the Inter-State River Water Disputes Act clearly laid down that Parliament did not intend to put any embargo on the jurisdiction of this court but only provided for a parallel forum.
“Section 6 cannot be interpreted in an absolute mechanical manner and the words ‘same force as on order or decision’ cannot be treated as a decree for the purpose for excluding the jurisdiction of this court,” the bench said.
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