JUDGMENT

SAWANT, J.:- On July 27, 1991 the President, under Article 143 of the Constitution, referred to this Court three questions for its opinion. The Reference reads as follows:

"Whereas, in exercise of the powers conferred by Section 4 of the Inter State Water Disputes Act, 1956 (hereinafter referred to as "the Act), the Central Government constituted a Water Disputes Tribunal called "the Cauvery Water Disputes Tribunal" (hereinafter called "the Tribunal") by a notification dated 2 June, 1990, a copy whereof is annexed hereto, for the adjudication of the Water Dispute regarding the Inter-State River Cauvery;

Whereas on 25 June 1991, the Tribunal passed an interim Order (hereinafter referred to as "the Order), a copy whereof is annexed hereto;

Whereas, differences have arisen with regard to certain aspects of the Order;

Whereas, on 25 July 199 1, the Governor of Karnataka promulgated the Karnataka Cauvery Basin Irrigation Protection Ordinance, 1991 (hereinafter referred to as "the Ordinance"), a copy whereof is annexed hereto;

Whereas, doubts have been expressed with regard to the constitutional validity of the Ordinance and its provisions;

Whereas, there is likelihood of the constitutional validity of the provisions of the Ordinance, and any action taken thereunder, being challenged in Courts of law involving protracted and avoidable litigation;

Whereas, the said differences and doubts have given rise to a public controversy which may lead to undesirable consequences;

And Whereas, in view of what is hereinafter stated, it appears to me that the following questions of law have arisen and are of such nature and of such public importance that it is expedient to obtain the opinion of the SC of India thereon;

Now, Therefore, in exercise of the powers conferred upon me by clause (1) of Article 143 of the Constitution of India, 1, Ramaswamy Venkataraman, President of India, hereby refer the following question to the SC of India for consideration and report thereon, namely:

(1) Whether the Ordinance and the provisions thereof are in accordance with the provisions of the Constitution;

(2)(i) Whether the Order of the Tribunal constitutes a report and a decision within the meaning of Section 5(2) of the Act; and

(ii) Whether the Order of the Tribunal is required to be published by the Central Government in order to make it effective;

(3) Whether a Water Disputes Tribunal constituted under the Act is competent to grant any interim relief to the parties to the dispute."

To appreciate the significance of the questions referred and our answers to them, it is necessary to understand the factual background which has led to the Reference.

The river Cauvery is an inter-State river and is one of the major rivers of the Sothern Peninsula. The basin area of the river and its tributaries has substantial spread-over within the territories of the two States, namely, Karnataka and Tamil Nadu, Karnataka being the upper riparian State and Tamil Nadu being the lower riparian State. The other areas which are the beneficiaries of the river water are the territories comprised in the State of Kerala and in the Union Territory of Pondicherry. The total length of the river from its head to its outflow into the bay of Bengal is about 802 kms. It travels about 381 kms in Sothern-Easternly direction before it reaches the border of Karnataka and Tamil Nadu. It also constitutes boundary between the said two States to an extent about 64 kms. and then traverses a distance of about 357 kms. in Tamil Nadu before joining the sea.

There were two agreements of 1892 and 1924 for sharing the water of the river between the areas which are predominantly today comprised in the State of Karnataka and Tamil Nadu, and which were at the time of the agreements comprised in the then Presidency of Madras on the one hand and the State of Mysore on the other. The last agreement expired in 1974. The river presently covers three States of Karnataka, Tamil Nadu and Kerala and the Union Territory of Po