E-Paper
SC clears way for tribunal to adjudicate Tamil Nadu-Karnataka Pennaiyar dispute
Reading out the operative portion of the judgment, the court said that it found “no impediment” in the Centre constituting a water tribunal to resolve the dispute
The Supreme Court on Monday cleared the way for the constitution of an inter-state water tribunal to adjudicate the long-pending Pennaiyar river water dispute between Tamil Nadu and Karnataka, holding that there was no legal impediment to the Union government taking recourse to the statutory mechanism under the Inter-State River Water Disputes Act, 1956.
Reading out the operative portion of the judgment, a bench led by Justice Vikram Nath said that it found “no impediment” in the Centre constituting a water tribunal to resolve the dispute and directed that Tamil Nadu’s complaint be placed before the tribunal to be set up by the Union government. The bench accordingly disposed of the original suit filed by Tamil Nadu in 2018.
“We do not find any impediment in the Union government constituting a water tribunal for resolving the impugned dispute. The complaint by the State of Tamil Nadu be placed before the water tribunal to be constituted by the Central Government. Accordingly, the suit is disposed of,” Justice Nath said, heading the bench that also comprised Justice NV Anjaria.
The ruling brings to a close the Supreme Court’s direct engagement with the inter-state dispute under Article 131 of the Constitution, effectively shifting the resolution of the Pennaiyar conflict to a specialised adjudicatory forum under the Inter-State River Water Disputes Act (ISRWDA).
The verdict follows the failure of negotiations between Tamil Nadu and Karnataka, which the court had earlier facilitated by directing the formation of a Negotiation Committee in January 2024. That mediation exercise was formally declared unsuccessful in November 2024, leaving the tribunal constitution as the only statutory option.
By disposing of the suit and endorsing tribunal adjudication, the court has affirmed that the Centre can invoke the ISRWDA mechanism once negotiations have failed.
The Pennaiyar River, also known as the South Pennar, originates in Karnataka and flows through Tamil Nadu before draining into the Bay of Bengal. Tamil Nadu has for decades accused Karnataka of constructing check dams, reservoirs, and diversion structures on the river without consultation, thereby reducing downstream flows and affecting irrigation and drinking water supply in the northern districts of the state.
In 2018, Tamil Nadu invoked the Supreme Court’s original jurisdiction under Article 131 by filing a suit against Karnataka and the Union government, alleging that Karnataka’s unilateral projects were illegal and unconstitutional.
During earlier hearings, the Supreme Court had repeatedly flagged that disputes of this nature were best addressed through the statutory framework under the ISRWDA, rather than prolonged judicial proceedings.
