The Supreme Court of India and Inter-State Water Dispute: An Analysis of the Judgements on Mullaperiyar Dam
Water Policy, 2015
Posted: 5 Jun 2015
Date Written: June 4, 2015
This paper addresses the issue of the Mullaperiyar Dam dispute between Kerala and Tamil Nadu with specific reference to the two judgements delivered by the Supreme Court of India on the matter. This paper attempts to examine the arguments, facts, and the judgement of the Court on each of the primary issues raised during the course of the dispute. The first case was filed by the Mullaperiyar Environmental Protection Forum in 2001, wherein the Court adjudged the case in favour of the Respondents, the State of Tamil Nadu. Consequently, due to certain developments, examined in the course of the second case, the State of Tamil Nadu filed a petition before the Supreme Court against Kerala, in 2006 seeking relief for the actions on the part of the latter after the judgement in the first case. A Constitution Bench was constituted to adjudicate this case, which re-examined certain issues raised during the first case and conclusively laid down its decision in favour of Tamil Nadu.
Keywords: Constitution of India; Dam safety; Inter-States Water Disputes Act; Inter-State water sharing; Kerala and Tamil Nadu water sharing; Mullaperiyar Dam; Periyar river; Precautionary principle and risk assessment; Supreme Court of India and water disputes
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