TN, Karnataka inform SC that mediation efforts failed on Pennaiyar river water dispute

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The Supreme Court was informed on Tuesday that mediation efforts between Tamil Nadu and Karnataka regarding the Pennaiyar river water dispute have failed.

A bench comprising Justice Hrishikesh Roy and Justice SVN Bhatti granted two weeks to the Union Government, which facilitated the mediation, to submit the Negotiation Committee’s report.

The dispute reached the Supreme Court as a suit filed by Tamil Nadu under Article 131 of the Constitution against Karnataka and the Union Government.

During the hearings, the court suggested that since direct negotiations had failed, the Union Government could consider constituting a tribunal under the Inter-State River Water Disputes Act, of 1956.

However, the Union later informed the court that Karnataka’s newly elected government, formed in May 2023, had requested an opportunity to re-explore a negotiated settlement with Tamil Nadu. Karnataka’s representatives argued that the new government had not been involved in previous negotiations.

Tamil Nadu’s counsel opposed this, pointing out that the Union Government had already initiated the process to form a tribunal but had reversed course.

Karnataka countered, emphasizing that a tribunal could only be constituted after the Central Government concluded that negotiations had definitively failed.

In January 2023, the Supreme Court directed the formation of a new Negotiation Committee, citing Section 4 of the Inter-State River Water Disputes Act, 1956, which requires the Central Government to attempt resolving disputes through negotiations before forming a tribunal. The court also noted the Act specifies a one-year time limit for negotiations.

“Considering Karnataka’s request and the lack of meaningful progress by the earlier committee established in January 2020, we direct the Ministry of Jal Shakti to constitute a fresh Negotiation Committee as per Section 4(1) of the Act. The notification for this new committee should be issued within two weeks,” the court had stated in January.

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