Legal Shorts

DOCTRINE OF PARAMOUNTCY AND THE CAUVERI RIVER DISPUTE

 

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In the case of State of Karnataka By its Chief Minister VS. State of Tamil Nadu By its Chief ( Civil Appeal 2453 of 2007)

Facts:- The Doctrine of Paramountcy and its extinction was challenged by the state in the Court and also the infraction of Article 363 and its maintainability was challenged on the basis of agreement.

Held:- After coming into force of the 1947 Act, the doctrine of paramountcy has no room for application as the Government of India became the full sovereign authority. The two agreements of 1892 and 1924 had neither any political arrangement nor touched any facet of sovereignty of India. The issues in this case have no connection, whatsoever, with the concepts of sovereignty and integrity of India and, therefore, the bar under Article 363 of the Constitution of India is not attracted.

MANISHEK KUMAR

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