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SC Verdict on Controversial SYL Issue: Punjab to Hold Emergency Assembly Session on Nov. 16
November 12, 2016 | By Sikh Siyasat Bureau
Chandigarh: As per the media reports the Punjab government is likely to bring a new bill on the issue of Punjab river water disputes.
Punjab government of Badal-BJP combine led by CM Prakash Singh Badal has accused the Central government of India for “grave injustice”meet out to state of Punjab and said that they were examining the legal option to stop current flow of Punjab’s river waters to its non-riparian states.
“The Constitution clearly forbids the Centre from arrogating to itself the right to adjudicate on distribution of river waters among states. Grave injustice has been done to Punjab by the Centre, violating this Constitutional clause,” CM Badal said in his letter to President Pranab Mukherjee, seeking audience, along with council of ministers.
Hindustan times (HT)quotes undisclosed sources in the Punjab government saying that the fresh bill is likely to be introduced at a special session of the assembly, convened on November 16 to discuss the verdict issued by SC two days ago.
“Government sources say at the heart of the move to bill a fresh bill is to go beyond the 2004 act, particularly clause 5 that mandates flow of river waters to Haryana and Rajasthan”, notes HT.
Loot of Punjab Waters – the (so-called) Agreements:
The Central Governments of India made ‘extra-legal and extra-constitutional arrangements’ (as these arrangements were made in violation of relevant provisions of the Indian Constitution) to allocate Punjab’s river waters to the afore-mentioned non-riparian states. These arrangements include the so-called agreements of 1955, 1976 (notification), 1981 (Indira Award) and 1986 (Eradi Tribunal). The Indian state used Section 14 of Interstate River Water Dispute Act, 1956 which was not applicable on Punjab rivers as Satluj, Beas or Ravi does not pass through Haryana, Rajasthan or Delhi. Similarly, section 78, 79 and 80 of Punjab Reorganisation Act, 1966 – under which Bhakhra Beas Management Board was constituted and other arrangements to loot the river water of Punjab were made – violate the Constitutional scheme by allowing the Centre’s interference in State’s exclusive subjects.
Punjab Termination of Agreements Act, Section 5 of PTAA and Punjab’s riparian rights:
The Punjab Termination of Agreements Act (PTAA) 2004 could be termed as a “murder” of Punjab’s riparian rights by none else than the Punjab’s own state assembly and elected representatives.
On 12 July, 2004 the Punjab Assembly passed PTAA in attempt to neutralise the Indian Supreme Court’s directions to complete the construction of controversial Satluj Yamuna Link (SYL) canal before 14 July, 2004. The law was moved by a Congress Government led by Captain Amarinder Singh and it was supported by the opposition Shiromani Akali Dal (Badal) and the Bhartiya Janta Party (BJP), thus this, the PTAA was passed unanimously by the state assembly.
Though the enactment of the PTAA had paused the issue of construction of the SYL for the time being, this law has done a larger damage. Before the enactment of the PTAA the river waters of Punjab were being robbed through illegal arrangements but since the adoption of Section 5 of the PTAA, illegal allocation of Punjab’s river water to non-riparian states has received the stamp of the Punjab Assembly.
It may appear strange, but it’s true, that in order to prevent construction of the SYL (that is supposed to carry out 34 LAF river water), the Punjab Assembly accepted and legalised the distribution of a major share of Punjab’s river water (around 147.5 LAF) to the non-riparian states of Rajasthan (86 LAF), Haryana (59.5 LAF) and Delhi (2 LAF).
It should also be noted here that according to Punjab’s ex-chief engineer G. S. Dhillon, Haryana is already getting 18 LAF (out of 34 LAF) by additional discharge from the Bhakhra Bias Management Board (BBMB) through the Bhakhra Canal. Mr. Dhillon maintains that the Hansi Butana Link canal project of Haryana aims at taking away the remaining 16 LAF (SYL) water (though extra discharge in Bhakhra Main Line to which Hansi Buntana will link at Samana area of Punjab) even without actual construction of the SYL canal.
The PTAA was declared ultra vires of the Constitution by the Supreme court of India on November 10, 2016.
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Related Topics: Parkash Singh Badal, Punjab Politics, Satluj Yamuna Link (SYL) Canal, SYL
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