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Events & Issues
New Delhi, 1 April 2016
SYL Canal
NEED FOR CENTRAL
ACTION
By Dr S Saraswathi
(Former Director,
ICSSR, New Delhi)
Punjab government’s assertion not to allow
construction of the Sutlej-Yamuna Link (SYL) Canal and that it didn’t have a
single drop of water to spare is a shrewd move indeed. With an eye on the
Assembly elections early next year, the ruling SAD-BJP has reached out
emotionally to its electorate already. And it got the Assembly to unanimously
adopt a resolution against construction of the Canal -- a project under
consideration ever since independence. “I would rather shed every drop of my
blood than allow any drop of Punjab’s river
waters to flow out”, had stated Chief Minister Parkash Singh Badal.
Clearly, sharing river water between States is a contentious
political issue capable of raising emotions to the highest pitch. And, the resolution
was a reaction of the Punjab Government to the Supreme Court order issued a day
earlier to maintain status quo on the SYL Canal.
Haryana Chief Minister describing this as “gross violation” of the SC order.
A disturbing development followed adding more political
flavour to the conflict. Marches and counter
marches by groups of MLAs from Haryana and Punjab
for and against the SYL canal were reported. The development is in sharp
contrast to the rather friendly inter-State understanding that existed in the
1970s and 1980s which encouraged the plan for linking the Sutlej
and Yamuna rivers. In fact, considerable spade work on the canal project had
been completed by the year 2000.
However, in 2004, the Congress-led Punjab Government adopted
a “historic” Resolution in the Assembly calling for Termination of Agreements
Act which unilaterally cancelled all agreements between Punjab and neighbouring
States regarding sharing of Sutlej, Beas, and Ravi
river water. This was a turning point which decisively rejected government
concurrence with the utility of construction of SYL canal.
The canal project was virtually sealed in 2016 by the Punjab
Government by passing a bill – Punjab
Sutlej-Yamuna Link
Canal Land
(Transfer of Proprietary Rights) Bill which provided for return of about 5,400
acres of land, which were acquired for the construction of the canal, to the
owners. Even work on refilling the land was commenced immediately. Funds
received from Haryana for the project are being returned.
The change over the years is more to do with politics than
development economics. It seems that
radical Sikh organizations are inclined to claim credit for genuine interest in
protecting natural endowments and protecting and promoting agriculture. For
them, both the Congress and the SAD had harmed the interests of Punjab.
A new entrant in SYL politics is the AAM Admi Party
subjected to attack by both the Congress and SAD for speaking both in favour of
Punjab and Haryana.
A contrasting picture is provided by Telangana and Andhra
Pradesh smoothly coming together to link Godavari and Krishna
as a New Year gift to the people of the two States. Both have agreed to set up
an Inter-State Water Board on Godavari projects thus ending decades-old discord
on the utilization of Godavari water. It is indeed a model for indispensable
political will for inter-State cooperation for development and welfare.
Inter-basin water transfer projects known shortly as IBT are
carried on in many countries – both unitary and federal States – as national
projects and completed at fast pace. In the last half a century, projects of
various sizes in terms of the length of the links and quantum of water transfer
have been taken up and completed.
In China,
despite severe criticism from local and external sources, river linking
projects, dams and diversion of water are going on vigorously. One of the world famous achievements is the
linking of Yellow River and Yangtze River for the benefit of northern China.
The Colarado River Compact among seven river basin States in
western US has become the “key stone of the Law of the River” - a monumental
water law which is an assortment of federal and state laws, court decisions and
international treaties.
There are numerous such agreements which, on the whole, have
proved beneficial method of sharing one of the most valuable natural resources
that has multiple uses. In one stage, a global environmental review observed
that water transfer projects had become the life blood of developing human
settlements for which no alternative was available. However, reviews do
advocate cautionary approach in the matter from the angle of preserving natural
environment.
More recently, climatic changes and effects of global
warming have become additional factors to be taken into account in assessing
the likely outcome of projects involving drastic intrusion into the
geographical patterns.
A common tendency among water endowed States in India is to
resort to legal course and assert their rights as upper riparian States
refusing to consider the needs of downstream States also depending on the same
river water. The fact that State borders
are drawn as mere administrative arrangement is forgotten.
The Constitution of India, like any other document, is not
an infallible last word on any subject.
It is in recognition of this, provision is made for amending the
Constitution. Under the Constitution, water, that is, water supplies,
irrigation and canals, drainage and embankments, water storage and water power,
is a State subject under entry 17. However, this is subject to Entry 56 of
Union List which authorizes Parliament to enact laws for the regulation and
development of inter-State rivers and river valleys.
Further, the Sarkaria Commission on Union-State Relations
has also recommended that Parliament could enact laws to regulate the
beneficial use and distribution of inter-state river waters between
States. The National Commission for
Integrated Water Resources Development Plan has also expressed similar view
some 16 years ago.
Without amendment of the Constitution, it is difficult for
the Union government to intervene and take a firm stand even in the interests
of non-partisan and over-all development. The result is resort to courts and
tribunals and life-long continuation of litigations.
The Finance Minister’s advice at this juncture to Punjab and Haryana governments to sort out the canal
issue and all water issues among themselves is perhaps the most appropriate
political and legal course for the Central government. The disputants have to adopt a non-political
approach – something even common citizens in India cannot, steeped as they are
in day-to-day politics of political parties.
However, the Central government cannot remain a mute
spectator. Water sharing is one of the most urgent public policy programmes in
the 21st century. Water is
not a commercial product. It is a
natural endowment which must be protected, defended, and shared.
Mismatch between administrative boundaries and river basins
cannot be allowed to create political animosities or obstructions to national
growth and development. Therefore, the Union government has to assume a more
positive role that is also more national and less party-oriented. Necessary
amendments in the Constitution must be made.
The bogey of State autonomy has to be dealt with by setting up proper
institutional machinery to foster cooperation.---INFA
(Copyright,
India News and Feature Alliance)
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