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Supreme Court Directs Centre to Form Pennaiyar Water Dispute Tribunal

Supreme Court Directs Centre to Form Pennaiyar Water Dispute Tribunal

General Studies Paper II: Water Resources, Co-operative Federalism

Why in News? 

Recently, the Supreme Court of India has directed the Centre to constitute a tribunal within one month to resolve the long‑pending Pennaiyar river water dispute between Tamil Nadu and Karnataka.

Supreme Court Directs Centre to Form Pennaiyar Water Dispute Tribunal

What is the Pennaiyar River Dispute?

  • About: The Pennaiyar River dispute is a long‑standing inter‑state water conflict between the two Indian states over the sharing and utilisation of water from the Pennaiyar (South Pennar/Dakshina Pinakini) River
    • The Pennaiyar River originates in the Nandi Hills of Chikkaballapura district, Karnataka and flows south‑eastward through Karnataka into Tamil Nadu before reaching the Bay of Bengal at Cuddalore
    • It spans about 497 km, making it the second‑longest river in Tamil Nadu after the Kaveri and has a drainage basin where nearly 77 % lies in Tamil Nadu.
    • Major tributaries include Markandeyanadhi, Pambar and Vaniyar. The river is seasonal and flows mainly during monsoons.
  • States Involved: The dispute involves Tamil Nadu and Karnataka. Tamil Nadu is the lower‑riparian state dependent on Pennaiyar water for agriculture, drinking water and rural livelihoods, while Karnataka is the upper‑riparian state where the river originates. Puducherry has also been mentioned in filings because some Pennaiyar tributaries affect its territories. 
  • Conflicts: The conflict arises from Karnataka’s construction of check dams, diversions and water storage projects on the Pennaiyar and its tributaries without adequate consultation with Tamil Nadu.
    • Tamil Nadu argues that water in an inter‑state river is a national asset and that Karnataka cannot exercise exclusive control. 
    • Tamil Nadu also contends that the 1892 agreement governing river water is still valid and binding on both states, including its tributaries like Markandeyanadhi.
    • Karnataka has countered with claims about project legality and investment already made.
  • Constitutional Basis: The dispute invokes Article 131 of the Indian Constitution, under which the Supreme Court has original jurisdiction over disputes between the Union Government and states or between states. The adjudication mechanism is provided by the Inter‑State River Water Disputes Act, 1956.
  • Actions So Far:
    • 2018 – Tamil Nadu filed an original suit in the Supreme Court against Karnataka and Centre, challenging check‑dams and diversion works on the Pennaiyar.
  • 2019 – Tamil Nadu formally requested the Centre to constitute a tribunal under the Interstate River Water Disputes Act; Karnataka was directed to maintain status quo on certain pumping and storage works. 
  • 2024 – SC directed the Union government to set up a Negotiation Committee under Section 4 of the 1956 Act to mediate between the states; reports were submitted to the court. 
  • 2025 – Negotiations were declared unsuccessful; Tamil Nadu rejected some proposed ministerial talks, citing inadequate solutions and unilateral actions by Karnataka. 

 

Supreme Court Directive on Pennaiyar River Dispute

  • The Supreme Court of India on 2 February 2026 ordered the Central Government to constitute an inter-State Water Disputes Tribunal to resolve the long-pending Pennaiyar River water dispute between Tamil Nadu and Karnataka. 
  • The Court insisted the tribunal be notified and formally established within one month from the date of the order. The direction was issued by a bench of Justices Vikram Nath and N V Anjaria
  • Justice Nath stated there was “no reason to refrain” from directing the Centre to issue an appropriate notification and constitute the tribunal within the stipulated period. This direction formalises adjudication under Section 3 and Section 5 of the 1956 Act after negotiations failed. 
  • In specifying directions, SC implicitly supported Tamil Nadu’s request for status quo on projects and diversions in the Pennaiyar basin until the tribunal is formed, highlighting that no further unilateral actions should be taken.

What is an Inter-State Water Disputes Tribunal?

  • About: An Inter-State Water Disputes Tribunal is a special adjudicatory body in India constituted under the Inter-State River Water Disputes Act, 1956 to resolve disputes between two or more states arising from the use, distribution, control or interpretation of waters of an inter-state river or river valley
  • Aim: The Tribunal’s core purpose is to provide a legal, neutral, and binding mechanism for settling conflicts when states fail to arrive at a mutual agreement through negotiations.
  • Constitutional Basis: The Tribunal mechanism is empowered by Article 262 of the Constitution of India, which allows Parliament to enact a law for adjudication of inter-state water disputes and to bar the jurisdiction of courts including the Supreme Court on these matters. The Inter-State River Water Disputes Act, 1956 is the main law and provides the framework for constitution, powers, procedures and awards of such Tribunals. 
  • Constitution: If the Centre determines that the inter water dispute cannot be resolved through negotiations, it must, within one year, notify the formation of a Water Disputes Tribunal in the Official Gazette. 
  • Composition: A Tribunal normally consists of: a Chairperson, and two other members. all nominated by the Chief Justice of India from sitting judges of the Supreme Court or High Courts. The Tribunal can also appoint assessors/experts to advise it.
  • Powers and Functions: An Inter-State Water Disputes Tribunal functions with powers equivalent to a Civil Court under the Code of Civil Procedure — it can summon witnesses, require production of documents, take surveys and technical investigations, and conduct inquiries necessary for adjudication. Its decision, once notified by the Central Government, becomes final and binding on the disputing states.

Inter-State River Water Disputes Act, 1956

  • The Act is formally known as the Inter-State River Water Disputes Act, 1956 (Act No. 33 of 1956), enacted on 28 August 1956 to provide a legal mechanism for adjudication of disputes related to water. 
  • It’s Provisions:
    • Section 3: Allows any State Government to apply to the Central Government if a water dispute has arisen or is likely to arise with another state.
    • Section 4: Mandates the Central Government to form an ad-hoc Tribunal when negotiation fails, naming a Chairperson and members.
    • Section 5: Requires the Tribunal to investigate and report back within 3 years; extendable by up to 2 years if necessary.
    • Section 6A: Empowers the Centre to frame schemes for effective implementation of Tribunal decisions, including setting up authorities or committees. 
    • Section 9A: Obliges the Central Government to maintain a national level data bank on water resources, land and agriculture for each river basin; states must supply data.
    • Section 11: Bars the Supreme Court and other courts from exercising jurisdiction in disputes referred to a Tribunal under this Act.
    • Section 12: Allows the Central Government to dissolve the Tribunal once its report is submitted and no further reference is necessary. 
    • Section 13: Gives the Central Government power to make rules to carry out the purposes of the Act.

Major Inter-State River Water Disputes in India

  • Cauvery Water Dispute – Karnataka, Tamil Nadu, Kerala, Puducherry
  • Krishna Water Dispute – Maharashtra, Karnataka, Telangana, Andhra Pradesh
  • Godavari Water Dispute – Maharashtra, Telangana, Andhra Pradesh, Chhattisgarh, Odisha
  • Narmada Water Dispute – Madhya Pradesh, Gujarat, Maharashtra, Rajasthan
  • Ravi–Beas Water Dispute – Punjab, Haryana, Rajasthan
  • Yamuna Water Dispute – Haryana, Uttar Pradesh, Rajasthan, Delhi, Himachal Pradesh
  • Mahadayi (Mandovi) Water Dispute – Goa, Karnataka, Maharashtra
  • Mahanadi Water Dispute – Odisha, Chhattisgarh
  • Vamsadhara Water Dispute – Andhra Pradesh, Odisha
  • Mullaperiyar Dam Dispute – Kerala, Tamil Nadu
  • Babhali Barrage Dispute (Godavari Sub-Basin) – Maharashtra, Telangana
  • Palar River Dispute – Tamil Nadu, Karnataka, Andhra Pradesh
  • Pennaiyar (South Pennar) Water Dispute – Tamil Nadu, Karnataka
  • Barak River Dispute – Assam, Manipur, Mizoram

Also Read: Ken-Betwa Link Project (KBLP)

 

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