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Breakdown of constitutional machinery

Hypothetically, If Karnataka rejects the SC's direction/judgement to release x amount of water to TN as water is state subject,does that amount to breakdown of constituional machinery?What else also amounts it ?

Comments

  • That would be contempt of court first. Constitutional crisis is still far off.
    Prelims : 2/5; Mains : 0/2; Interview : 0; Remainder : 1+1 (Tired but not; Retired) / Medical Science / Kolkata / Nihilist extraordinaire | Thanks a lot...
  • Etat said:

    That would be contempt of court first. Constitutional crisis is still far off.

    What happens to the govt. when itself commits contempt
  • edited September 2016
    By not following the order,
    1. Charge of contempt will be against the chief sec of the state and not against elected officials. There is no limit to the sentence. But usually its a hefty fine.

    Pres rule is doubtful in this case,
    Pres rule under A365 is ruled out because PM has said to sort out the issue amicably through legal arbitration. No central orders, so no scope to apply this article.

    Pres rule under A356 can be done. But again, i doubt if it will be done. To proclaim pres rule under this, either PM/Council of ministers have to advise the president. Or else the governor has to send a report. Since union is not willing to interfere in the issue, This too seems doubtful.

    Meanwhile, K'taka govt has agreed to release water from tonight. So the issue is solved for the temporary period.

    With good amount of rainfall, the issue may lose its limelight in the coming days.

    Most probably there will be new authorities coming up under the River boards Act - 1956 for better implementation and management of the issue. Lets wait and watch how things pan out in the future.
    Good Bye. See you Later.
  • IMO IF it is a YES/NO KIND ANSWER ..I WOULD SAY YESSSS...BUT THAT'S A FAR FETCHED HYPOTHETICAL SCENERIO..


    Constitution says SC is apex J institution and FINAL ARBITER in case of any Federal dispute and That decision is Binding ..now this is a federal dispute between two constituent units of Federational Union..


    so that definitely means Wilful and Continued disobedience CAN BE construed as Breakdown of Constitutional Machinery but that's a Far Fetched issue AS OF NOW :)


    Lgaane pe aajaye to Central Govt kisi bhi logic se lga skti h..like recently done in Ar.P. case...point is whether it is legally tenable?..now who will decide that ..SC ..then you think yourself what will they judges will do ??? ..literally they will order putting all Karnataka Govt top officials and Politicians into imprisonment to teach them HOW and WHY to obey the Law of the Land...and WORLD'S MOST POWERFUL SUPREME COURT can do Anything.. as like the RAJNIKANT tau.."Yennaaaaa rasclaaaa " :)
    Being IAS... 4 U Onlyyy... :-)
  • Thanks for the responses @pizza and @Yo_Yo_Choti_Singh
  • Neondust said:

    Thanks for the responses @pizza and @Yo_Yo_Choti_Singh

    it could be breakdown of constitutional machinery .. as constitution says law without enforcement is nothing... article 142 gives enforcement of SC orders ... so not listen to SC amounts to violation of article 142 in my view..

  • Water is state subject but river is a subject of union list
  • edited September 2016
    Yes. But I would differ with yo yo choti and Pizza...

    Kaveri dispute has been dealt with by a tribunal under IRWD Act 1956 which has constitutional origin in Art 262. Art 262(2) bars judicial interference and so does the act. TN approached SC on procedural issues only, initially, because SC had no jurisdiction with the operative part of the tribunal order.

    Ktk's refusal to release water after 2007 tribunal award itself can be construed as a breach of Art 356 and the provisions of the Constitution consequent to Art 262. Much before SC contempt.

    And Art 365 is not involved here because it is willful violation of an independent tribunal's order, which is separate from "exercise of executive power of union" which is the core of Art 365.
    A Lion doesn't concern himself with the opinions of the sheep.
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