Chandigarh, July 18, 2022 (Yes Punjab News)
While addressing the media here at Chandigarh, All India Kissan Congress President and MLA Sukhpal Singh Khaira severely castigated AAP Ministers for making a foolish demand for setting up a new tribunal to resolve the river waters issue. Khaira said that on 9th July, Union Home Minister Amit Shah chaired the Northern Zonal Council meeting in Jaipur. In this meeting Punjab was represented by two of its Cabinet Ministers Harpal Singh Cheema and Harjot Singh Bains.
The Punjab Minister Harjot Bains raised the issue of SYL and asked for making a new river tribunal. He said this was not only a very irresponsible statement but also shows complete lack of knowledge of the said Ministers on the most critical and crucial subject of river waters.
Khaira said it is important to mention here, that tribunal is applicable to inter-state rivers and not to the single state rivers. The Punjab rivers Satluj, Beas and Ravi are single state rivers and do not touch the territories of Rajasthan, Haryana or any other part of the Indian states. Thus, these rivers cannot be covered under the Inter-States Water Disputes Tribunal Act of 1956, he stated.
It is pertinent to mention here that the Indian constitution was enacted in 1950 and there was no mention of the distribution of river waters in it. It was at the time of reorganisation of Indian states in 1956, that disputes between the upper riparian and lower riparian states came to the fore. It was then felt necessary to enact the said Tribunal Act of 1956, stated Khaira.
Khaira further said that Punjab rivers Satluj, Beas and Ravi are single state rivers and they fall in the Indus Basin, whereas Haryana is in the Ganga Basin and these two Basins are separated by the Ghaggar river.
The three rivers of Punjab go to Pakistan and falls into the Indus, which ultimately merges into the Arabian Sea. On the other hand, Yamuna falls into Ganga, which ultimately merges into the Bay of Bengal. Thus, these two separate Basins have no commonalty regarding the claims and counter-claims of each other state rivers, he said.
Khaira said it is important to mention here that water being an inseparable part of the land on which it flows and territory being an integral component of a state and irrigation and hydel power are state subjects under Item-17 of the state list. Further, under Article 162 and 246(3) of our constitution, gives full and exclusive legislative and executive powers to the states over water and hydel power.
Khaira said unfortunately, Harjot Bains by asking for a tribunal on Punjab river waters have fallen into the trap of the centre/BJP, by conceding that Punjab rivers are interstate, whereas they are single state rivers. Punjab has already had a very bad experience when the government appointed ERADI – Tribunal had erroneously allocated 75% of the waters of Punjab rivers to non riparian states, he stated.
Khaira advised the Punjab Ministers that they should have taken up the issue of the annulment of three unconstitutional clauses of the Reorganisation Act of 1966. These three clauses 78, 79 and 80 give exclusive powers to the Centre on the distribution of waters of Punjab rivers (Clause 78), whereas in the Indian Constitution it is a state subject. Clause 79 gives the authority to the Centre on the development of Punjab river waters and Clause 80 gives full and final authority to the Centre on the control of Head Works of Punjab rivers.
Khaira said these Ministers have raised the issue of control on BBMB, whereas under Clause 80 you have surrendered your rights of your head works. This shows that these Ministers were totally unprepared, ignorant and foolish to repeat same blunder committed by traditional leadership.
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