Karnataka Assembly Cauvery resolution sets bad precedent, says former SC judge Ganguly

Former Supreme Court judge A.K.Ganguly, who delivered a judgement in the 2G spectrum scam case, on Saturday said the Karnataka state assembly's adoption of a unanimous resolution against a Supreme Court order on the sharing of Cauvery waters with Tamil Nadu violates the basic tenets of Indian Constitution.

He warned that the act of not listening to the judiciary creates a bad precedent in the country.

"Since the Karnataka Government was party to this judgement, they are bound to follow this order in view of the provision of Article 144 of the Constitution which mandates that all authorities, civil, judicial in the territory of India must act in aid of the Supreme Court order," he said.

"Therefore, the Karnataka government cannot take a decision by sitting over the order of the Supreme Court and they cannot review the order. If they do so, they are violating the basic tenets of the rule of law, that the executive is not listening to the order of the highest court, and this is creating a very bad precedent," he added.

The Karnataka state assembly on Friday adopted a unanimous resolution to release Cauvery water to meet the requirements of Bengaluru and for towns and villages that form the Cauvery Basin.

The resolution was moved by Opposition BJP leader Jagadish Shettar and by Y S V Datta of the Janata Dal-Secular.

The resolution noted that in the year 2016-17, there has been an acute situation of distress, but the shortfall of water in the basin will become known only at the end of the season i.e. January 31, 2017.

It pointed out that the combined storage in four reservoirs in the Cauvery Basin -- Krishnaraja Sagar, Hemavathy, Harangi and Kabini -- had reached "alarmingly low levels at 27 TMC ft."

"The resolution is passed after carefully considering the needs of the inhabitants of the state of Karnataka whose interests are likely to be jeopardized. The water in the core reservoirs is any way reduced other than meeting the drinking water requirements of inhabitants in the Cauvery Basin, including the entire city of Bengaluru," former chief minister and BJP legislator Shettar said.

The Cauvery Supervisory Committee had on September 19 asked Karnataka to release 3,000 cusecs per day from September 21 to 30, but the apex court had on September 20 doubled the quantum to 6,000 cusecs from September 21 to 27 after Tamil Nadu pressed for water to save its samba paddy crop.

It had also directed the Centre to constitute within four weeks the Cauvery Water Management Board as directed by Cauvery Water Disputes Tribunal in its award.