Punjab Government’s SYL canal water sharing agreement unconstitutional : SC
Q. The SC held Punjab Government’s 2004 law, terminating SYL canal water sharing agreement is_________.- Published on 14 Nov 16a. Constitutional
b. Acceptable
c. Unconstitutional
d. None of the above
ANSWER: Unconstitutional
The Supreme Court of India held that Punjab Government’s 2004 law, terminating the
Sutlej Yamuna Link canal water sharing agreement as unconstitutional
- Court has also held that the Punjab Termination of Agreements Act, 2004 is unconstitutional and Punjab could not have taken a unilateral decision to terminate the water sharing agreement with neighbouring states.
- Punjab State Legislature has also passed the act to escape from the duty of constructing its section of the canal link and sharing waters with neighbouring states
- Presidential reference regarding the same was made in 2004 by president APJ Abdul Kalam seeking legal clarity on the sharing of water from the SYL canal between N. Indian states following which it was taken up for hearing by the SC in March 2016
- The bench headed by Justice AR Dave ruled that the 5 questions contained in the Presidential reference have been answered in the negative
- SC rules that Punjab’s unilateral decision to terminate water sharing agreements with Haryana, HP, Rajasthan, J&K, Delhi and Chandigarh was unconstitutional
- Bench further held that the 2004 Act overrode the 2003 SC judgement that mandated the construction of the canal
- Using the act, the Congress government headed by Capt. Amarinder Singh nullified the ruling and agreed to proceed construction of the canal
- Bench reserved its verdict on the issue on 12th May 2016 following the central government maintaining its earlier neutral stand of 2004 that states concerned should settle their disputes among themselves.
- SC has also appointed the Union Home Secretary and Punjab Chief Secretary and DGP as joint receivers of land and other property focused on SYL canal till the judgement’s final outcome
- Punjab passed the Punjab Sutlej Yamuna Link Canal land (Transfer of Proprietary Right) Bill 2016
- In 2016, Punjab assembly also sought to pass the bill commanding restoration of land acquired to build the canal link to the farmers free of cost.
- Move was contested by the Haryana government at SC and a stay of the order was won.
- Amarinder Singh, under whom the law was passed, has sent his resignation to the LS Speaker and declared that the MLAs will be following suit to protest against the injustice done to the state.
- Singh demanded imposition of President’s rule in the state, voicing concerns against the Badal government after the court order
- Legal action will be decided after consulting the advocate general of the state
- Punjab cabinet has decided to convene a special session of the Punjab Assembly on 16th Nov 2016 to discuss the matter
