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27. Section 11 is extremely important provision and may be reproduced;

11. Bar of jurisdiction of Supreme Court and other Courts.-

Notwithstanding anything contained in any other law, neither the Supreme Court nor any other Court shall have or exercise jurisdiction in respect of any water dispute which may be referred to a Tribunal under this Act."

28. In the light of the scheme as envisaged by the Makers of the Constitution as also by Parliament under the Act XXXIII of 1956 in connection with water disputes between inter-States, it is clear to us that such disputes cannot be made subject matter of petition either in a High Court under Article 226 or in this Court under Article 32 of the Constitution. Probably, Article 262 is the only provision which enables Parliament to oust and exclude jurisdiction of all Courts including the Supreme Court (this Court). It is also pertinent to note that Clause (2) of Article 262 contains non-obstante clause ("Notwithstanding anything in this Constitution"). It is no doubt true that Article 262 of the Constitution is not self- executory inasmuch as it does not, by itself, take away the jurisdiction of this Court in respect of disputes relating to waters of inter-State rivers or river-valleys. It is an enabling provision and empowers Parliament to enact a law providing for adjudication of such disputes or complaints, excluding the jurisdiction of all Courts including this Court (Supreme Court). Article 131 of the Constitution which enables the Central Government or a State Government to institute a suit in this Court on its Original Side in certain cases also cannot be invoked in inter- State water disputes in view of Section 11 of the Act [vide Tamil Nadu Cauvery Sangam v. Union of India, (1990) 3 SCC 440]. In other words, the provisions of Article 131 of the Constitution have to be construed harmoniously subject to the provisions of Article 262 of the Constitution. A petition under Article 32 of the Constitution, hence, cannot be entertained by this Court.

29. The learned counsel for the petitioners, however, strenuously urged that on more than one ground, the present petition is not barred. Firstly, the petition is not filed by a State and hence bar contemplated by Article 262(2) read with Article 131 of the Constitution and Section 11 of the Act has no application. Secondly, it has been held by this Court in several cases that right to get water is a part of right to life under Article 21 of the Constitution. If it is so, Article 32 can certainly be invoked by the petitioners, particularly when the petition is in the nature of PIL. Thirdly, the petitioners cannot approach the Tribunal constituted under the Act for the enforcement of their rights to get of 2006 was filed by the petitioners before the Tribunal but was dismissed observing that the petitioners have no locus standi. If this Court holds that a petition is not maintainable in this Court, they have no remedy for the enforcement of their right recognized by the Constitution and guaranteed by Article 32 enshrined in Part III of the Constitution. It would violate basic philosophy of Rule of Law reflected in the well-known maxim ubi jus ibi remedium (wherever there is right, there is remedy). It was, therefore, submitted that the present petition is maintainable and should be decided on merits.

36. The Court inter alia opined;

"The effect of the provisions of Section 11 of the present Act, viz., the Inter-State Water Disputes Act read with Article 262 of the Constitution is that the entire judicial power of the State and, therefore, of the courts including that of the Supreme Court to adjudicate upon original dispute or complaint with respect to the use, distribution or control of the water of, or in any inter-State river or river valleys has been vested in the Tribunal appointed under Section 4 of the said Act. It is, therefore, not possible to accept the submission that the question of grant of interim relief falls outside the purview of the said provisions and can be agitated under Article 131 of the Constitution. Hence any executive order or a legislative enactment of a State which interferes with the adjudicatory process and adjudication by such Tribunal is an interference with the judicial power of the State. In view of the fact that the Ordinance in question seeks directly to nullify the order of the Tribunal passed on 25th June, 1991, it impinges upon the judicial power of the State and is, therefore, ultra vires the Constitution".

41. Yet in another case i.e. State of Haryana v. State of Punjab, (2002) 2 SCC 507, this Court had an occasion to consider a similar issue. There, a suit was filed by the State of Haryana against State of Punjab. The contention of the defendant was that such suit was barred by Section 11 of 1956 Act read with Article 262 (2) of the Constitution.

42. Considering the relevant provisions of Articles 131 and 262(2) of the Constitution as also Sections 2(c)(i) and (ii) read with Section 11 of the Act and keeping in view the averments in the plaint as a whole, the Court held that the dispute could not be said to be a `water dispute' within the meaning of Section 2