BJP, CPI Protest Karnataka’s Cauvery Dam Plan: Implications for Tamil Nadu

08 Aug BJP, CPI Protest Karnataka’s Cauvery Dam Plan: Implications for Tamil Nadu

✎ The Cauvery Water Disputes Tribunal’s 2007 award, modified by the Supreme Court in 2018, allocated 177.25 tmcft to Tamil Nadu and 284.75 tmcft to Karnataka, with the Cauvery Management Board tasked to ensure equitable…

Subject Relevance — Where This Topic Fits

• GS Paper II — Functions and Responsibilities of the Union and the States, Issues and Challenges Pertaining to the Federal Structure, Devolution of Powers and Finances up to Local Levels and Challenges Therein  |  GS Paper II — Government Policies and Interventions for Development in Various Sectors and Issues Arising out of their Design and Implementation  |  GS Paper III — Conservation, Environmental Pollution and Degradation, Environmental Impact Assessment
• Prelims: Cauvery Water Disputes Tribunal, Inter-State Water Disputes Act, 1956, Karnataka-Tamil Nadu water sharing, Mekedatu project, Kuruvai crop, Inter-State River Water Disputes (Amendment) Bill, 2019, Article 262 of the Constitution, Cauvery Management Board
• Essay: Federalism in India: Challenges of Resource Sharing and Regional Equity, Environmental Governance and Sustainable Development: Balancing Development and Ecological Security

Quick Revision: The Cauvery Water Disputes Tribunal’s 2007 award, modified by the Supreme Court in 2018, allocated 177.25 tmcft to Tamil Nadu and 284.75 tmcft to Karnataka, with the Cauvery Management Board tasked to ensure equitable distribution, but political and administrative challenges persist in implementation.

Why is this in the news?

The Bharatiya Janata Party (BJP) and the Communist Party of India (CPI) organised protests in Tamil Nadu against the Karnataka government’s decision to proceed with the construction of the Mekedatu dam project and its failure to release Tamil Nadu’s due share of Cauvery water. The protests highlight the recurring tensions in inter-state river water governance, particularly during the kuruvai (summer) crop season, and underscore the political and administrative challenges in implementing the Cauvery Water Disputes Tribunal’s (CWDT) award and subsequent Supreme Court directives.

Background

• The Cauvery river, originating in Karnataka and flowing through Tamil Nadu, Kerala, and Puducherry, is a critical water source for agriculture and drinking water in the southern states, particularly Tamil Nadu’s delta districts.
• The Cauvery Water Disputes Tribunal (CWDT), constituted in 1990, delivered its final award in 2007, allocating water shares among the riparian states.
• The Supreme Court, in its 2018 judgment, modified the CWDT award, reducing Tamil Nadu’s share and increasing Karnataka’s share, while directing the formation of the Cauvery Management Board (CMB) to ensure equitable distribution.
• Karnataka has consistently cited drought conditions and its own agricultural needs to justify delays or reductions in water releases to Tamil Nadu, leading to recurring disputes and protests.
• The Mekedatu project, proposed by Karnataka near the border with Tamil Nadu, aims to construct a dam and a reservoir primarily for drinking water and hydroelectric purposes. Tamil Nadu opposes the project, arguing it violates the principles of equitable water sharing and could reduce downstream water flows.
• Political parties in Tamil Nadu, including the BJP and CPI, have historically leveraged the Cauvery issue to mobilise public sentiment, particularly during election cycles or periods of perceived water scarcity.

What is the Cauvery Water Dispute?

• The Cauvery Water Dispute is a long-standing inter-state conflict primarily between Karnataka and Tamil Nadu over the equitable sharing of the Cauvery river’s waters, governed by the principles of riparian rights and prior appropriation.
• The dispute escalated in the 1980s and 1990s due to Karnataka’s construction of dams (e.g., Kabini, Harangi, Hemavathi) and Tamil Nadu’s dependence on Cauvery waters for its delta agriculture, particularly the kuruvai (summer) crop.
• The Cauvery Water Disputes Tribunal (CWDT), established under the Inter-State Water Disputes Act, 1956, was tasked with adjudicating the dispute and delivered its final award in 2007, allocating specific water shares to each state.
• The Tribunal’s award was challenged in the Supreme Court, which in 2018 upheld the Tribunal’s decision but modified the water allocation, reducing Tamil Nadu’s share and increasing Karnataka’s share to address Karnataka’s concerns over drinking water and irrigation needs.
• The Cauvery Management Board (CMB), mandated by the Supreme Court, was intended to monitor and ensure the implementation of the Tribunal’s award and Supreme Court directives, but its operationalisation has faced political and administrative challenges.
• The Mekedatu project, proposed by Karnataka, has emerged as a new flashpoint, with Tamil Nadu opposing it on grounds of potential reduction in downstream water flows and violation of the Tribunal’s principles.
• The dispute is exacerbated by seasonal variations in water availability, with Karnataka often citing drought conditions to justify reduced releases, while Tamil Nadu demands adherence to the Tribunal’s allocation to protect its agriculture and drinking water supply.
• The issue remains unresolved due to the interplay of federalism, regional politics, and the lack of a permanent institutional mechanism for inter-state water governance in India.

UPSC Value Addition

Prelims Practice Questions

Q1. Consider the following statements regarding the Cauvery Water Disputes Tribunal (CWDT):
1. The CWDT was constituted under the Inter-State River Water Disputes Act, 1956.
2. The Tribunal’s award is binding on the parties and has the force of a decree of the Supreme Court.
3. The CWDT has the power to frame schemes for the implementation of its award.
4. The Tribunal’s jurisdiction is limited to the Cauvery river basin only.
How many of the above statements are correct?

1. Only one
2. Only two
3. Only three
4. All four

Answer: All four — Statements 1, 2, and 3 are correct. The CWDT was constituted under the Inter-State River Water Disputes Act, 1956, and its award is binding on the parties (Art. 262). The Tribunal has the power to frame schemes for implementation (e.g., the Cauvery Management Board). Statement 4 is incorrect as the CWDT’s jurisdiction extends to all inter-state river basins, though its award is specific to the Cauvery.

Q2. Assertion (A): The Mekedatu Project proposed by Karnataka is a multi-purpose dam project.
Reason (R): The project aims to provide drinking water to Bengaluru and generate hydroelectric power.

1. Both A and R are true, and R is the correct explanation of A
2. Both A and R are true, but R is not the correct explanation of A
3. A is true, but R is false
4. A is false, but R is true

Answer: Both A and R are true, but R is not the correct explanation of A — The Mekedatu Project is a multi-purpose dam proposed by Karnataka to provide drinking water to Bengaluru and generate hydroelectric power. Thus, both A and R are true, and R correctly explains A.

Q3. Which of the following institutions is responsible for the adjudication of inter-state river water disputes in India?

1. National Green Tribunal
2. Supreme Court
3. Inter-State River Water Disputes Tribunal
4. NITI Aayog

Answer: Inter-State River Water Disputes Tribunal — While the Inter-State River Water Disputes Tribunal (CWDT) is constituted under the Inter-State River Water Disputes Act, 1956, the Supreme Court retains original jurisdiction to adjudicate disputes under Article 131 of the Constitution. The National Green Tribunal and NITI Aayog do not adjudicate such disputes.

Mains Practice Question

✍ The Cauvery water dispute between Karnataka and Tamil Nadu exemplifies the challenges of federalism in India’s water governance. Critically examine the constitutional and legal framework governing inter-state river water disputes, with specific reference to the Cauvery issue. Also, analyse the role of the Supreme Court in resolving such disputes. (15 Marks)

Approach: MODEL-ANSWER SKELETON:

1. **Constitutional Framework (4 Marks)**
– Art. 262: Exclusive jurisdiction of Parliament to adjudicate inter-state river water disputes.
– Art. 263: Provision for the establishment of an Inter-State Council to resolve disputes.
– Inter-State River Water Disputes Act, 1956: Empowers the Central Government to constitute tribunals (e.g., CWDT for Cauvery).
– Cauvery Water Disputes Tribunal (CWDT): Constitution, jurisdiction, and binding nature of its award (Art. 262(2)).

2. **Legal and Administrative Mechanisms (5 Marks)**
– **CWDT Award (2007)**: Allocation of water shares (Karnataka: 270 TMC; Tamil Nadu: 419 TMC; Kerala: 30 TMC; Puducherry: 7 TMC).
– **Implementation Challenges**: Non-compliance by Karnataka, delays in setting up the Cauvery Management Board (CMB), and political interference.
– **Supreme Court’s Role**: Original jurisdiction under Art. 131 (Karnataka vs. Tamil Nadu, 2018); direction to release water; suo motu cognizance of drought conditions.
– **Inter-State River Water Disputes (Amendment) Bill, 2019**: Proposes a permanent tribunal and single-window clearance for projects.

3. **Federalism and Centre-State Relations (3 Marks)**
– **Centre’s Role**: Duty to ensure compliance (Art. 262) but limited enforcement power.
– **State Autonomy vs. National Interest**: Karnataka’s argument of equitable utilisation vs. Tamil Nadu’s demand for historical rights.
– **Political Economy**: Electoral politics in both states influencing water-sharing decisions.

4. **Contemporary Issues and Way Forward (3 Marks)**
– **Mekedatu Project**: Karnataka’s unilateral decision to construct a dam, violating the CWDT award.
– **Climate Change and Water Scarcity**: Impact on kuruvai crops and drinking water shortages in Tamil Nadu.
– **Reforms**: Need for a permanent tribunal, data-sharing mechanisms, and participatory governance.

**Balanced View**: Acknowledge the Supreme Court’s proactive role but highlight systemic delays and political constraints in resolving disputes. Stress the need for cooperative federalism and sustainable water governance.

Source: The Hindu

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