Chennai:
The failure by Karnataka government to implement Supreme Court order over releasing water to Tamil Nadu could undermine the Judiciary as it could set a precedent for any ruling state that has alleged control over unruly elements to disobey the law, according to judicial experts.
Reacting to the failure of Karnataka to release 6000 cusecs of water to Tamil Nadu as per Supreme Court order, former Madras High court judge Justice K Chandru said that this is not the first time Karnataka has been disobeying the Supreme Court.
“In 2002, when then chief minister S M Krishna refused to release Cauvery water to Tamil Nadu then Supreme Court has warned that it is time for him to go. This resulted in Karnataka releasing the water,” said Chandru
Chandru also said that the failure of the state to adhere to principles of constitution could erode the belief in constitution which could prove a threat to nation’s unity.
“Reaffirming constitutional faith is important. Intolerance has been rising since 1990 due to political opportunism and now we have lawyers also taking to streets to resolve a conflict,” he stated.
“The articles 141 to 145 which clearly highlights the power of judiciary won’t make sense if the political will is not there to enforce the Supreme Court order, he said.
Chandru said the issue here is that inter-state dispute pertaining to water is to be decided by Water tribunal, which is an appellate authority. The Supreme court can only review it. But then being the apex court supreme Court is the ultimate authority, he said.
Former judge of Madras High Court T R Vallinayagam said that Supreme Court has to act against Karnataka either by suspending the administration or directly implementing the order. “The President has to act now,” he said.
He said the issue is a real litmus test for rule of law and rule of politics.
As per Article 144, all authorities in the territory of India are bound to obey the orders of the Supreme Court and render assistance and aid for the implementation of the orders of this court, he said..
The judges also highlighted how senior advocate Fali Nariman refused to espouse the cause of his own client Karnataka. Nariman said he was also an officer of the court and did not want to press further Karnataka’s case in defiance of the repeated orders of the Supreme Court to release water.
Adocate K M Vijayan said that Centre has to take strong view and enforce the Supreme Court order. “If it doesn’t then the country could disintegrate,” he added.
The failure by Karnataka government to implement Supreme Court order over releasing water to Tamil Nadu could undermine the Judiciary as it could set a precedent for any ruling state that has alleged control over unruly elements to disobey the law, according to judicial experts.
Reacting to the failure of Karnataka to release 6000 cusecs of water to Tamil Nadu as per Supreme Court order, former Madras High court judge Justice K Chandru said that this is not the first time Karnataka has been disobeying the Supreme Court.
“In 2002, when then chief minister S M Krishna refused to release Cauvery water to Tamil Nadu then Supreme Court has warned that it is time for him to go. This resulted in Karnataka releasing the water,” said Chandru
Chandru also said that the failure of the state to adhere to principles of constitution could erode the belief in constitution which could prove a threat to nation’s unity.
“Reaffirming constitutional faith is important. Intolerance has been rising since 1990 due to political opportunism and now we have lawyers also taking to streets to resolve a conflict,” he stated.
“The articles 141 to 145 which clearly highlights the power of judiciary won’t make sense if the political will is not there to enforce the Supreme Court order, he said.
Chandru said the issue here is that inter-state dispute pertaining to water is to be decided by Water tribunal, which is an appellate authority. The Supreme court can only review it. But then being the apex court supreme Court is the ultimate authority, he said.
Former judge of Madras High Court T R Vallinayagam said that Supreme Court has to act against Karnataka either by suspending the administration or directly implementing the order. “The President has to act now,” he said.
He said the issue is a real litmus test for rule of law and rule of politics.
As per Article 144, all authorities in the territory of India are bound to obey the orders of the Supreme Court and render assistance and aid for the implementation of the orders of this court, he said..
The judges also highlighted how senior advocate Fali Nariman refused to espouse the cause of his own client Karnataka. Nariman said he was also an officer of the court and did not want to press further Karnataka’s case in defiance of the repeated orders of the Supreme Court to release water.
Adocate K M Vijayan said that Centre has to take strong view and enforce the Supreme Court order. “If it doesn’t then the country could disintegrate,” he added.
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