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THE MATTER OF: CAUVERY WATER DISPUTES TRIBUNAL vs. -

SCR Citation: [1991] Supp. (2) S.C.R. 497
Year/Volume: 1991/ Supp. (2)
Date of Judgment: 22 November 1991
Petitioner: THE MATTER OF: CAUVERY WATER DISPUTES TRIBUNAL
Disposal Nature: Reference answered
Neutral Citation: 1991 INSC 304
Judgment Delivered by: Hon'ble Mr. Justice P.B. Sawant
Respondent: -
Case Type: SPECIAL REFERENCE CASE /1/1991
Order/Judgment: Judgment
1. Headnote

Constitution of India, 1950:

Articles 131 and 262-Original Jurisdiction of Supreme Court-Inter- State river water dispute-Adjudication of-Excluded from purview of C Court and vested in Water Tribunal under the Inter-State Water Disputes Act, 1956-Question of grant of interim relief-Whether could be agi- tated before Court.

Article 143-Advisory Jurisdiction-Whether Court can review its. opinion-Whether President can refer a question of law already decided D, by the Court-Advisory opinion on Presidential Reference-Nature and effect of.

Articles 245,246,248,262, Seventh Schedule, List 1-Entries 56 and 97, List 11-Entries 14,17 and 18-Inter-State river water-Karnataku Cauvery Basin Irrigation Protection Ordinance, 1991/Act No.27 of E 1991-Constitutional validity of Legislative competence of State Legislature Whether denuded by Parliamentary legislation-Whether State Legislature can change the law declared by Court-Whether can set aside decision of inter-parties and affect their rights and liabilities alone-Whether Inter-State Disputes Act enacted under Article 262 or: Entry 56-Distinc tion inter se between Article 262, Entry 56 of List I and Entry 17 of List F II-Executive Order or legislative enactment of State Legislature interfer ing with adjudicatory process of Water Tribunal-Whether interference with judicial power of State.

Karnataka Cauvery Basin Irrigation Protection Ordinance, 1991/ Act No.27 of 1991: Constitutional validity of G

Inter-State Water Disputes Act, 1956:


Sections 5(2) and 6-Inter-State river water dispute Order of Tribunal granting interim relief-Whether a report and decision-Whether requires to be published in the official gazette.Section 11 exclusion of jurisdiction of Courts, including Supreme Court-Question of grant of interim relief-Whether falls outside purview of the Section. Practice and Procedure: B Supreme Court Rules-Order XL, Rule I-Advisory opinion of Supreme Court under Article 143 of the Constitution-Whether could be reviewed.

2. Case referred
3. Act
  • Constitution Of India
  • Inter-State River Water Disputes Act, 1956 (33 of 1956)
  • Supreme Court Rules (0 of 1950)
4. Keyword
  • Constitution of India
  • 1950
5. Equivalent citation
    Citation(s) 1992 AIR 522 = 1993 (1) Suppl. SCC 96 = 1991 (4) JT 361 = 1991 (4) Suppl. JT 361 = 1991 (2) SCALE 1049