Cauvery River Water Sharing Dispute - Tamil Nadu opposes Centre’s stand on tribunal Tuesday Oct 25,2016 .

The position taken by the Centre that the Supreme Court of India(SCI) has no power to judicially review the Cauvery tribunal’s 2007 award is tantamount to giving the tribunal “absolute, uncontrolled, uncanalised and unguided judicial power which negates the rule of law,” Tamil Nadu said on Tuesday Oct 25,2016 .

Written submissions

In detailed written submissions filed in the SCI, the State government challenged the Centre’s position, asking when the SCI could review the decisions of a constitutional authority like a State Governor, what prevents the top court from hearing appeals challenging a decision of a mere tribunal formed under a statute.

“The established legal position is that this court has the power to examine the validity of not only the statutory enactments but also constitutional amendments. It is inconceivable that the framers of the Constitution denied such power of judicial review in respect of decisions of the Tribunal constituted under 1956 Act,” the State submitted through advocates G. Umpathy and B. Balaji.

Centre’s opposition

The Centre had vehemently opposed the SCI hearing appeals filed by Tamil Nadu, Karnataka and Kerala against the tribunal decision. Attorney-General Mukul Rohatgi, for the Centre, had submitted that the Supreme Court was barred under Article 262 (3) and provisions of the Inter-State Water Disputes Act, 1956 from entertaining appeals under Article 136 against the Cauvery tribunal’s award.

‘Award is final’

Mr. Rohatgi had argued that the tribunal’s award was final and had the force of the SCI. He had urged the court to dismiss the appeals.

A Bench led by Justice Dipak Misra had reserved the question of jurisdiction for judgment on October 19,2016 and ordered Karnataka to continue release of 2,000 cusecs of water till further orders.