Tamil Nadu CM Vijay seeks PM Modi’s intervention on Mekedat issue

Tamil Nadu Chief Minister C. Joseph Vijay. File | Photo credit: X/@CMOTamilnadu

Tamil Nadu Chief Minister C. Joseph Vijay on Tuesday (July 28, 2026) wrote to Prime Minister Narendra Modi seeking his intervention to ensure that no statutory or administrative approval is granted to the Mekedatu project unless it is demonstrably in compliance with the Cauvery Water Disputes Tribunal (CWDT) award and Supreme Court judgment.

Mr. Vijay also called for the withdrawal of the reply given by Union Minister of State for Jal Shakti Raj Bhushan Choudhary in the Rajya Sabha on July 27 with regard to the Mekedatu project. The minister said that the Supreme Court judgment dated February 16, 2018 does not expressly state that Karnataka should obtain the consent of the downstream states before constructing the structure across the Cauvery. Mr Vijay said the Minister’s reply was made without reference to settled law and legal principles on inter-state water issues.

In his letter, the Chief Minister said, “This unsatisfactory response by the Union Minister of State for Jal Shakti appears to have been made without considering the prevailing legal position and settled law regarding the consent of lower riparian states.

He said the Constitution Bench of the Supreme Court in the Alamatti case between the states of Karnataka and Andhra Pradesh had held that the consent of the lower riparian state was absolutely necessary. Mr. Vijay also quoted the relevant paragraph from the judgment which said, “The State of Karnataka also cannot be allowed to build up to this height without the consent of all other coastal states and also without the consent of the Central Government…”

Regarding the Cauvery Tribunal Award, the Supreme Court expressly upheld Article XVIII of the Tribunal Award, which preserves the power of each State to regulate the waters within its territory only “in a manner not inconsistent with the order of the Tribunal”. Any project that has the potential to affect the regulated flow regime set out under the Award therefore necessarily requires a review of compliance with the Award, Mr Vijay said.

The Tribunal itself laid down important guiding principles. In the case of Kerala’s Pambar Hydroelectric Project, involving only 0.1 TMC for consumption, he directed that Kerala and Tamil Nadu jointly agree on a release schedule so that downstream irrigation is not adversely affected. This proves that the Tribunal attached paramount importance not only to the annual quantity but also to the coordinated regulation of discharges affecting downstream coastal interests, the Chief Minister said.

Furthermore, Article XI of the award expressly prohibits any upstream state from taking measures affecting planned supplies to downstream states except by mutual agreement and consultation with the regulatory authority. Article XX similarly recognizes that modification of an award can only be achieved by agreement between contracting states, Mr. Vijay pointed out.

“Tamil Nadu is, therefore, of the view that the proposed Mekedatu project cannot be evaluated as an engineering design only. Its legal permissibility must first be examined in the context of the final judgment of the Cauvery Water Disputes Tribunal, the judgment of the Supreme Court dated February 16, 2018 and the rights of the lower riparian states,” he said.

It is appropriate that the Detailed Project Report submitted by Karnataka in 2019 be returned by the Central Water Commission for revision to ensure compliance with the decision of the Tribunal and the applicable guidelines. This alone shows that meeting this award remains a prerequisite, Mr. Vijay pointed out.

He urged the Union Government to ensure full protection of downstream states’ rights in relation to quantity as well as regulated mode of discharge. Any future consideration of the project will be done only after a comprehensive technical and legal assessment, taking into account the concerns of all downstream states, he said.

The Cauvery is not only a source of water but also a lifeline for millions of farmers and citizens across South India. Protecting the integrity of the tribunal’s award and the Supreme Court’s judgment is essential to maintain confidence in the constitutional mechanism governing interstate rivers, Mr. Vijay added.

Published – 28 Jul 2026 14:52 IST