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“12. A perusal of the above provisions leaves no manner of
doubt that notwithstanding anything in the Constitution,
Parliament is authorised by law to provide that neither the
Supreme Court nor any other court shall exercise jurisdiction
in respect of any dispute or complaint relating to the use,
distribution or control of the waters of, or in, any interstate
river or river valley. The dispute referred by the Central
Government to the Tribunal under the Act relates to the
above controversy and as such this Court has no jurisdiction
to decide the merits of the dispute raised by the appellants
and pending before the Tribunal. The controversy, however
raised by the appellants in these appeals is that they had
submitted the applications before the Tribunal for granting
interim relief on the ground of emergency till the final
disposal of the dispute and the Tribunal wrongly held that it
had no jurisdiction to entertain the same. The Tribunal is a
statutory authority constituted under an Act made by the
Parliament and this Court has jurisdiction to decide the
parameters, scope, authority and jurisdiction of the Tribunal.
It is the judiciary i.e. the courts alone that have the function
of determining authoritatively the meaning of a statutory
enactment and to lay down the frontiers of jurisdiction of any
body or Tribunal constituted under the statute.”
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