Cauvery Water To Tamil Nadu?

Karnataka Government Too Can Violate Supreme Court Orders

Karnataka Government Too Can Violate Supreme Court Orders
Karnataka Government Too Can Violate Supreme Court Orders | Source

Supreme Court Cannot Be Partial In Favour Of Tamil Nadu

Karnataka Feels Shortage of Water

Supreme Court has ordered Karnataka State in the past to release sufficient water to Tamil Nadu. Now the Cauvery Water Tribunal headed by the Prime Minister Manmohan Singh has directed Karnataka to release 9000 Cusecs of water to Tamil Nadu daily to meet its immediate needs. But Karnataka feels that it is having shortage of water to meets its own needs and therefore not in a position to release water to Tamil Nadu.

Legal Experts Say Supreme Court Orders Are Binding On Karnataka

Legal experts say that once the Supreme Court has ordered Karnataka to release water to Tamil Nadu, it cannot disobey the court as that would mean contempt of court and therefore bound to release water to Tamil Nadu. The Cauvery Tribunal has been established under the directives of the Supreme Court and therefore the tribunal’s orders are as good as orders of the Supreme Court. Moreover legal experts point out that the orders of Supreme Court are binding on Karnataka as it is the highest appellate court in India.

State Can Violate Supreme Court Orders in Its Own Interest

But I differ from this perception. There is no doubt that the Supreme Court is the highest court of India and its orders are binding on all individuals, state governments, central government and institutions. Nobody can dare disobey or violate the Supreme Court guidelines. But there are exceptions. If a State feels that the Supreme Court orders are to the detriment of its people, it can violate and openly disobey the Supreme Court. Is there any precedent in this regard? Yes there is.

Tamil Nadu Violated Supreme Court Guidelines Brazenly

Take for example the reservation policy in educational institutions and jobs. Supreme Court has mandated that under no circumstances can the reservation exceed 50%. But Tamil Nadu government has implemented reservation amounting to 69% right from 1993. In other words, Tamil Nadu government has violated the Supreme Court guidelines. Why has it violated the Supreme Court guidelines? Tamil Nadu violated the Supreme Court instructions in order to ensure social justice for its people. Tamil Nadu government felt that it was its bounden duty to provide social justice to the backward class, most backward class, scheduled caste, scheduled tribe, physically handicapped and minorities like Muslims and Christians. Therefore Tamil Nadu saw no harm in violating the Supreme Court guidelines.

Supreme Court Could Not Question Tamil Nadu

Supreme Court also appreciated this bold stand of Tamil Nadu government and has not questioned it. The 69% reservation policy has been going on for nearly two decades and Supreme Court has not opened its mouth to question the decision of Tamil Nadu. Why has the Supreme Court remained mum all these years? This was because the Supreme Court has silently permitted violation of its own rules if such a violation serves the larger interests of the concerned State.

Karnataka Government Too Can Violate Supreme Court Orders

Therefore Karnataka government can also violate the Supreme Court decision if it feels that such a violation will serve the interests of farmers and people in Karnataka. If Karnataka feels that releasing Cauvery water to Tamil Nadu will affect the drinking water and irrigation needs of Karnataka, then it can violate the Supreme Court order and refuse to release water to Tamil Nadu. Supreme Court will definitely permit Karnataka to do so as it is done in the larger interests of the people of Karnataka. For this to happen, all the political parties in Karnataka should unite and pass a resolution in the Karnataka Assembly that will nullify the Supreme Court orders. In fact Kerala Assembly has passed such a resolution to nullify Supreme Court orders.

Supreme Court Cannot Be Partial In Favour Of Tamil Nadu

To release Cauvery water to Tamil Nadu or not is a decision to be taken by the Karnataka government and not by the Supreme Court. If Karnataka violates the Supreme Court orders and the Supreme Court punishes the Karnataka government, it will only prove the partiality of the Supreme Court as it has not punished Tamil Nadu government for violating its orders in the implementation of reservation quota. Supreme Court cannot follow one set of rules for one state and another for another state.

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Comments 2 comments

Vaidy 4 years ago

Yes. It is true. Supreme Court will take years to pass a judgement which would not be followed!!!!

ramkimeena profile image

ramkimeena 4 years ago from India Author

Dear Vaidy,

I thank you for your valuable comments. I agree with your views

Best wishes to you,

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