Last Updated: 01 Nov 2023
¶ Discrimination with Punjab by Centre[1][2][3]
- Inter-State River Water Dispute Act, 1956: There is one Act for whole India for all matters relating to the water disputes among the States
- Punjab Reorganization Act, 1966: Punjab is the only state where there is a separate provision made in this to distribute water between Punjab & Haryana
Thus, there has been constant discrimination with Punjab by Central government all the time
¶ Punjab Reorganization Act,1966[1:1][2:1][3:1]
- 60:40 ratio division: As per Punjab Reorganization Act 1966, all assets were distributed in 60:40 between Punjab and Haryana
- But 50:50 ratio for Water: Then Prime Minister Smt.Indira Gandhi issued an award on 24.3.1976 vide which she forcefully distributed waters of Ravi-Beas equally between Punjab and Haryana which was against the interest of Punjab
¶ AAP: Bhagwant Mann Government(2022-Now)[1:2][2:2][3:2]
- No additional affidavit filed: During the tenure of present government, the SYL case has come up for hearing only 3 times i.e. on 06.9.2022, 23.3.2023 and 4.10.2023 in Hon’ble Supreme Court. During these 3 hearings, no additional affidavit was ever filed by the present government till date
- Yamuna Sutlej Link suggestion: On 04.01.2023, a meeting was held between CM Punjab and CM Haryana with Jal Shakti minister (Sh. Shekhawat). CM Bhagwant Mann had very categorically denied the construction of SYL and rather raised the issue of Yamuna Sutlej Link (YSL) in interest of people of Punjab
- Opposed Water sharing in Northern Zonal Council meeting held on 26.9.2023, CM Bhagwant Mann again put forth our point of view and out rightly opposed any Ravi-Beas water to other states
- Oct 2023 SC recorded less availability of Water with Punjab During the last hearing on 4.10.2023 in the case, the Government strongly put forth the issue of less availability of water and the same was also recorded in the judgement of Hon'ble Supreme Court as below:
“Learned counsel for the State of Punjab did endeavour to persuade us that with the passage of time, the availability of water has become less and thus, the share of Haryana being purportedly less and that can be satisfied by other measures”
¶ FactChecks
- Did AAP Punjab Govt claim SYL not constructed due to opposition pressure? NO
- Does Punjab releases water to Pakistan, not to Haryana/Rajasthan? NO
¶ Timeline of Congress/Akali actions on SYL[1:3][2:3][3:3]
¶ Congress: Tenure of Giani Zail Singh, CM
- No protest against Water Division: Congress CM at the time of re-organisation towed the line of the Central Government giving no consideration to the interest of Punjab
- Received 1 cr from Haryana for SYL construction: Not only this, on 16.11.1976, the then CM further expedited the construction of SYL by receiving Rs. 1 crore cheque from Haryana
¶ SAD: S. Parkash Singh Badal, CM (1977-1980, 1997-2002)
- During this period, Badal Govt. not even once stopped the construction work of the SYL canal
- Asked for additional Money for SYL: Rather, the then CM asked for an additional Rs. 3 crores for construction of SYL vide letter 23617 dated 04.7.1978
- Received 1.5 cr from Haryana for SYL construction: On 31.3.1979, the then SAD Govt. very conveniently accepted Rs. 1.5 crore from Haryana for the construction of SYL
- SYL Land aquisition under emergency clause: S. Parkash Singh Badal ensured that the land required for construction of SYL canal was acquired in a very short record period of time. What was the urgency?
Quid pro quo? Favours exchanged?
1.. CM of Haryana, Sh. Devi Lal stated in Vidhan Sabha Session (held from 1.3.1978 to 7.3.1978):
“Due to my personal relation with S. Parkash Singh Badal, Punjab Govt. has acquired the land under section 4 and section 17 (emergency clause) for SYL and Punjab Government is trying its best for this work.”2.. In 1998, CM S. Parkash Singh Badal raised the banks of BML by an average of 1 foot with the intention of giving more water to Haryana & also took Rs. 45 crore from Haryana for this
-- Haryana built canals to water his Balasar farm which is in Haryana
-- This shows that the then SAD Government was not sincere to the people of Punjab. Personal interests were given more importance over public interest
¶ Congress: Sh. Darbara Singh, CM (1980-1983)
Signed Water distribution Agreement: Agreement of 31.12.1981 regarding water distribution was signed between Sh.Darbara Singh, CM Punjab, CM Haryana and CM Rajasthan in presence of Smt.Indira Gandhi (Congress was in power in all states and in centre)
-
75% of Ravi-Beas water was given to non-riparian states i.e. Haryana, Rajasthan
Punjab = 4.22 MAF
Haryana = 3.50 MAF
Rajasthan = 8.60 MAF
Delhi = 0.20 MAF
J&K = 0.65 MAF -
Again the then CM from Congress party obediently followed the instruction of Central Government without even considering the welfare of Punjab
This was under pressure from the Centre (Congress Government), which was even admitted by the then Punjab Government in Hon’ble Supreme Court
Punjab Government has even accepted this in the reply filed in 1997 in Original suit 6 of 1996 filed by Haryana in Hon'ble Supreme Court Case:
Para 38: "It is submitted that State of Punjab had to undertake preliminary work on the S.Y.L. Canal under duress and therefore had to accept some money for the purpose. Therefore any thing done under duress loses legal sanctity"
SYL White Paper: “Benefits of SYL canal”
- Still having ample time to reconsider its decision to sign the 1981 agreement, the government double down on its decision by trying to mislead the people of Punjab by bringing the White Paper mentioning “Benefits of SYL canal” on the floor of the House
SYL inauguration
Capt. Amarinder Singh inaugurated: Even when the farmers of the state openly opposed this project, the then Congress govt with great fanfare inaugurated the SYL in presence of Smt. Indira Gandhi on 8.4.1982
¶ President Rule (1983-1985):
SAD signed Rajiv Longowal accord/Punjab Settlement
- Even during the President rule, SAD played a pivotal role in further advancing the SYL Canal progress by signing Rajiv Longowal accord between Sh. Rajiv Gandhi and SAD leader Sant Harchand Singh Longowal on 24.7.1985
- In the Rajiv-Longowal accord there were 11 paras on which action was to be taken. Action has been taken only on the paragraph related to river waters (that too by the Haryana government) while the Punjab governments have remained silent on all other issues and the central government has not done anything in this regard
- The issue which Haryana was supposed to benefit from in this accord (water issue) was raised by Haryana at every stage, while the issue of giving Chandigarh to Punjab was the right of Punjab and it was never raised by these governments
- Before this, the Punjab side was very strong. The Government of India was afraid that Punjab could ever go to the Hon'ble Supreme Court and demand its rights and deny water to Haryana and Rajasthan
- Because the distribution of inter-state water could be done only under the Inter-State River Water Dispute Act, 1956. The water of the rivers of Punjab did not come under this Act
If the Akali Dal had not agreed to the Punjab settlement in 1985, Article 14 under the 1956 Act would not have been added to the Act
-- Punjab is still suffering the consequences of this. At present, water disputes of other states are settled under different laws and river water disputes of Punjab are settled under different rules. This is discrimination against Punjab. The governments of that time are responsible for this
- The Akali Dal assured that Punjab would never get its right to the river waters in the future
- Haryana is pursuing the water issue in the Hon'ble Supreme Court keeping its own interest, while both Akali and Congress governments have never approached the Hon'ble Supreme Court even once to give Chandigarh to Punjab
¶ SAD: Sh. Surjit Singh Barnala, CM (1985-1987)
- Ensured that most of SYL construction: He only ensured the completion of pending construction of SYL and ensured that most of the construction was completed
Thus the credit goes to S. Parkash Singh Badal to initiate the project of SYL, acquire the land and start construction. The canal was completed by another CM of SAD namely Surjit Singh Barnala
¶ Delayed Punjab Water Termination Act[1:4][2:4][3:4]
- Why congress government did not terminate the 1981 agreement before 2002? Whereas such a thought process was being discussed by experts since 1990’s
- This is evident from the record. Had the agreement been terminated before 2002, there would have been no occasion for Punjab to face an embarrassing situation in the Hon’ble Supreme Court in 2002
- In 2007, S. Parkash Singh Badal had declared that he would terminate the section 5 of Punjab Termination of Agreements Act, 2004. But even though SAD was in power for 10 years, no action was taken in this regard
There have been 3 adverse decisions against Punjab state in the SYL issue in the year 2002, 2004 and 2016
-- 2 out of these three decisions were given during the tenure of SAD Government
-- Why they did not pursue the matter in the Hon'ble Supreme Court? Why at the same time they had paid hefty fees to lawyers?
References:
https://yespunjab.com/congress-leaders-shamelessly-sang-paeans-in-favour-of-syl-through-white-paper-in-punjab-assembly-cm-mann/ ↩︎ ↩︎ ↩︎ ↩︎ ↩︎
https://timesofindia.indiatimes.com/city/chandigarh/oppn-leaders-skip-cms-debate-he-blames-string-of-netas-for-syl-pbs-ills/articleshow/104903406.cms ↩︎ ↩︎ ↩︎ ↩︎ ↩︎
