In a surprising twist, two Supreme Court judges have chosen to recuse themselves from a water dispute case involving the States of Tamil Nadu and Karnataka. The judges, Justice AS Bopanna from Karnataka and Justice MM Sundresh from Tamil Nadu, expressed their concern over their potential involvement in the case.
In a lighthearted manner, the judges even joked about the possibility of getting into a fight with each other if they were to handle the dispute. Recognizing the sensitive nature of the matter and their personal connections to the respective states, they decided it would be best to step aside.
The dispute centers around the sharing of water from the Pennaiyar river, known as the Dakshina Pinakini in Kannada. The Tamil Nadu government filed a lawsuit against the Karnataka government and the Central government, seeking a resolution to the issue.
Interestingly, this isn't the first time these two states have faced water disputes. They have previously had disagreements over the Cauvery/Kaveri river as well. In 2018, the Supreme Court ruled that water bodies are national assets and no single state can claim exclusive rights over them. This decision was based on agreements from 1892 and 1924 between the former Madras Presidency and the Princely State of Mysore, which have caused ongoing tensions between the states.
In the current Pennaiyar river dispute, the Union Jal Shakti Ministry informed the Supreme Court that a decision on the formation of a Pennaiyar Water Disputes Tribunal is still pending approval from the Union Cabinet. The Court had expressed its dissatisfaction with the delay in resolving the dispute through negotiations back in 2022.
While this recusal may cause a slight delay in the proceedings, it highlights the importance of impartiality in resolving such disputes. The Supreme Court will now need to assign new judges to the case to ensure a fair and unbiased resolution.
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