Judicial Exclusion Under Article 262 In Inter- State River Disputes: A Study Of The Cauvery Water Dispute Judgment (2018)
- IJLLR Journal
- Apr 8
- 1 min read
DSK. Gowsika, LL.B. (Hons.), PES University
ABSTRACT
Article 262 of the Indian Constitution deals with the Interstate water disputes in India. It gives Parliament the power to establish methods for settlement of conflicts over the use, distribution, or regulation of interstate river waters. The State of Karnataka v. State of Tamil Nadu (2018) case was a revolving opinion. The Supreme Court used its appellate jurisdiction to overturn the Cauvery Water Disputes Tribunal's decision despite the legislative exclusion of court jurisdiction under Article 262 and Section 11 of the Inter-State Water Disputes Act.
Using the Cauvery conflict case study, this research studies the constitutional theory of judicial exclusion under Article 2621 and evaluates the efficiency of the tribunal-based conflict resolution process. The paper examines the historical setting of the Cauvery conflict, the functioning of the Cauvery Water Disputes Tribunal, and the 2018 involvement of the Supreme Court. It examines whether judicial review strengthens or supports the constitutional framework governing inter-state river disputes.
The research suggests that limited judicial supervision has been required due to practical factors and constitutional values even if Article 262 sought to minimize judicial intervention. The Cauvery judgement shows how the courts are progressively balancing federal interests, guaranteeing compliance of tribunal decisions, and defending constitutional government. The research examines that institutional adjustments, more effective enforcement tools, and improved collaborative federalism are required to ensure a long-lasting and effective solution to inter-state river disputes in India.
Keywords: Judicial Exclusion, Inter- state water dispute, Cauvery water dispute, judicial intervention.
