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Education and Society ( )
(UGC Care Journal)
ISSN: 2278-6864
Vol-46, Issue-02, January-March: 2023
637
Education and Society
FEDERAL STRUCTURE, INTER-STATE RIVALRY AND SYL ISSUE IN PUNJAB:
EMERGING IMBROGLIO
Dr. Iqbal Singh
1
Ashima Sahni2
Dr. Prabhjot Kaur3
Abstract
The sharing of river waters became a bone of contention, despite the fact that Punjab literally means the
‘land of five rivers’, and as India’s granary, it could ill afford the diversion of its waters elsewhere. After
reorganization, Punjab became basically agricultural state, whose progress and prosperity was dependent
upon the vagaries of nature. The joint control of the Bhakra Dam complex made the new state dependent
upon the centrally-administered Board for its supply of power and water. During the decade of sixties, the
Green Revolution increased the demand for water by farmers both in Punjab and Haryana. It lent a sharp
new edge to the simmering canal waters’ dispute between the two states. The Punjab’s argument is that the
issue of river water distribution should be addressed in consonance with the Riparian principle. Moreover,
Punjab had also faced the severe crisis of river waters and wants to save the land from becoming a desert,
whereas the condition of Haryana is equally bad. The Ravi, Beas and Sutlej Rivers all flow through Punjab,
but an elaborate canal system channels off surplus water, sending it south to irrigate dry areas in Haryana
and Rajasthan. The Inter-State and Centre-State differences necessitate frequent consultations and
discussions for reaching acceptable solutions. The Dharam Yudh Morcha (religious crusade) by the Akalis
in the context of digging of Sutlej-Yamuna Link canal and Rajiv-Longowal Accord has the serious
implications in this regard. The water issues have become more sensitive. In the emerging circumstances,
there is urgent need of national strategy on food security, soil preservation, sustainable water use and crop
rotation. In this paper, an effort has been made to identify the major causes of SYL dispute in Punjab, and to
find out the possible remedies for its earlier disposal.
Key words: Akali Dal, Federalism, Riparian Law, River water dispute, SYL.
Introduction
The political geography and history of the any region plays a crucial role in its governance. The
ability of the founding fathers to adapt themselves to the new political context after the foundation
of a regional state in the wake of the redrawing of India‟s internal boundaries by the States
Reorganization Commission in 1957 is the crucial parameter for regional governance, which is an
outcome of a diversity of historical contexts, elite initiatives and political pressures generated by
local people.i
The Inter-State and Centre-State differences necessitate frequent consultations and
discussions for reaching acceptable solutions.ii
Punjab is predominantly the agriculture based
1
Dr. Iqbal Singh, Assistant Professor, Department of Political Science, Kanya Maha Vidyalaya (Autonomous), Jalandhar, Punjab.
Pin Code 144004, Contact: 79731-66337, Email:iqbalsingh2475@gmail.com
2
Ashima Sahni, Assistant Professor & Head, Department of Political Science, Kanya Maha Vidyalaya (Autonomous), Jalandhar,
Punjab. Pin Code 144004, Contact: 62840-83450, Email:sahnisahima1@gmail.com
3
Dr.Prabhjot Kaur, Assistant Professor, Department of Laws, Guru Nanak Dev University, Amritsar, Punjab. Pin Code 143002,
Contact: 70092-30965, Email: prabhjotpolsci@gmail.com
Education and Society ( )
(UGC Care Journal)
ISSN: 2278-6864
Vol-46, Issue-02, January-March: 2023
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economy. The sharing of river waters remained a bone of contention, despite the fact that Punjab
literally means the „land of five rivers‟, and as India‟s granary, it could ill afford the diversion of its
waters elsewhere.iii
Earlier, the word „Punjab‟ described the great plain through which the five
tributaries of the Indus flowed after they burst out of the Himalayas. Since independence, the Indian
Punjab has only two and a half. While the Ravi forms part of the border between Pakistani and
Indian Punjab. Only the Beas and the Sutlej flow for a substantial distance through the present
Punjab state of the Indian Union. The Jhelum and the Chenab are in Pakistan.iv
This agreement was
possible under Indus Water Treaty (1960), but the dispute among Indian states still continues over
the waters of Ravi, Beas and Sutlej.v
The gravity of this water crisis can be highlighted by one
simple fact that the total water required to produce just one crop (rice) that Punjab produces is
significantly higher than the total water resources available in Punjab.vi
The exploitation of these
resources in Punjab is already highest in the country at 170 per cent.vii
The Central Water Commission is coordinating the strategies for the regulation, conservation and
usage of water resources throughout the country. The Central government under the section 79 and
80 of the Punjab Reorganization Act, 1966 had retained arbitrary powers to allocate waters of the
Beas project.viii
The Inter-State Water Disputes Act, 1956, provides for the reference of an inter-
State river dispute for arbitration by a Water Disputes Tribunal, whose award would be final under
Art. 262 (2) of the Indian Constitution.ix
There are nationally and internationally accepted principles
of settling water disputes.x
Since 1993, every year World Water Day celebrates on 22 March to
raise the awareness and for solving the water crisis. Describing the importance of water, the
American President John F. Kennedy opines:
Anyone who can solve the problems of water will be worthy
of two Nobel prices; one for peace and one for science.xi
In 1955, the Centre allocated the waters of the Ravi, Beas and Sutlej, between three states:
Rajasthan got 8.00 million acre feet (MAF), Punjab (Punjab and Haryana) got 7.2 MAF and
Kashmir got 0.65 MAF.xii
This decision was based on the available river water being 15.85 MAF,
corresponding to the 1924 to 1945 flow series.xiii
After reorganization (1966), Punjab became
basically agricultural state, whose progress and prosperity was dependent upon the vagaries of
nature. The joint control of the Bhakra Dam complex made the new state dependent upon the
centrally-administered Board for its supply of power and water.xiv
The Indus and Jhelum entered
Pakistan before any major extraction was possible, but the other four rivers ran for many miles in
Indian Territory.
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This made it possible for India to regulate their flow and impound water before the rivers reached
the other country. After partition (1947), the governments of East and West Punjab signed a
„Standstill Agreement‟, whereby water continued to flow uninterrupted for both the countries.xv
During the decade of sixties, the Green Revolution increased the demand for water by farmers both
in Punjab and Haryana. In the following years, Punjab served as a food bowl of the country. The
water shortage lent a sharp new edge to the simmering canal waters‟ dispute between the two
states.xvi
In reality, the issues of climate change, demographic growth, urbanization and
industrialization have triggered rapid changes in demand, supply, river flows and water conflicts.xvii
Objectives of the Study
 To analyze the nature of Indian federal structure concerning the demands of states.
 To understand the origin and nature of rivalry between Punjab and Haryana
regarding the sharing of river waters.
 To examine the working of Central legislations and other arrangements meant for
sharing the river waters among states.
 To evaluate the role of mainstream political parties of Punjab, particularly the Akali
Dal for securing the claims of state in terms of river waters.
 To understand the response of Haryana regarding the construction of SYL.
 To find out the appropriate remedies within the constitutional framework of India, so
that the democratic rights of the states can be protected.
Research Questions
1. What are the federal arrangements of India, which envisages regional conflicts?
2. Had there been rights in accordance with the claim of Punjab regarding river waters?
3. Had the state of Punjab been able to effect consumptive use of all water of all three
eastern rivers, what would have been the fate and stand of Punjab?
4. What are the implications of the conflict among Punjab and Haryana regarding the
construction of SYL canal?
5. How far the Centre is serious about the democratic rights of Punjab in terms of SYL
dispute?
6. What is the possible solution of current conflict of SYL dispute and what are the
ramifications?
Research Methodology
The study is primarily based on the descriptive-analytical approach to understand the origin,
patterns and dynamics of the conflict between Punjab and Haryana regarding the sharing of river
water, particularly the SYL canal. The documentary analysis and secondary sources like books,
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periodicals, journals, magazines and newspapers have been used for more critical insights into the
study. The role and strategies of the Akali Dal as the mainstream political party of Punjab has been
thoroughly examined. The demand of state autonomy reflected in the Anandpur Sahib Resulution,
Dharam Yudh Morcha has been taken into consideration. Besides, the reaction of Haryana in the
context of river waters, legislations of Centre government and various judgements of Supreme
Court concerning the SYL have also analyzed. The internet sources have also been mentioned for
providing the factual analysis regarding the study.
Results and Discussion
As per the provisions of the Constitution, water is a state subject like agriculture. During the British
rule in India, the rivers and canals were categorized as canal colonies. Since independence, the
Prime Minister Jawaharlal Nehru took various initiatives for building the Dams in the country. The
construction of Bhakra Dam was one of the classical examples of these goals. Later on, these Dams
were described as the “temples of modern India” by Nehru.xviii
Through the Bhakra Dam, a canal
system was created bringing vast stretches of land under irrigation and raising the level of ground
water for tube wells.xix
This project was a form of compensation for the refugee farmers‟ from West
Punjab. In simple terms, the Bhakra-Nangal project gave them „the field and the resources from
which they can rebuild and resettle themselves‟.xx
After the reorganization of Punjab in 1966,
Chandigarh continues to be a Union territory and serves as the joint capital for Punjab and Haryana.
The Bhakra Dam Complex and Pong Dam were also to be administered by a Central Board.xxi
As a
consequence, the section 78 of the Punjab Reorganization Act provides for the distribution of the
rights and liabilities of the Bhakra Nangal and Beas Projects.xxii
Basically, the Haryana had no
riparian right to the water, but some water was given to it anyway on the plea that it was a successor
state. Through yet another administrative verdict, the Centre ordered still more water to be given to
Haryana and for the purpose, a new canal was sanctioned, that was the Satluj-Yamuna Link (SYL)
canal, whereas Haryana is a riparian state to the river Yamuna, but refuses to share its riparian
rights with Punjab.xxiii
Most of the charges that the Akalis have leveled against the Centre in the
post-1977 period, e.g., pertaining to Ravi-Beas waters dispute, transfer of Education to the State list,
complaints of political, economic and cultural discrimination against Punjab during the Congress
rule sound a non-communal tone and are similar to many such charges leveled by certain other
regional parties (like the CPM in West Bengal).xxiv
There is dispute between Tamil Nadu and Karnataka regarding the sharing of water of Cauvery
River. On the same pattern, Krishna River remained the source of tension among Maharashtra,
Karnataka and Andhra Pradesh.xxv
In 1980s, the Bhakra canal (which carries water to Haryana) was
breached twice by militants to protest, what was described as “an act of injustice with the state by
the Centre.” The agro-economist and former Vice Chancellor Sardara Singh Johl has been
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constantly arguing that the state should reduce the area under the paddy crop at least by 10 lakh
hectares from the existing about 27 lakh hectares.xxvi
The sharing of river waters (Ravi and Beas)
has been a contentious issue between Punjab and Haryana.xxvii
Basically, Haryana is in favour of
early completion of the project. The argument of Punjab is that the issue of river water distribution
should be addressed in consonance with the Riparian principle. Besides, Punjab has also faced the
severe crisis of river waters and land must be saved from becoming a desertxxviii
, whereas the
condition of Haryana is equally bad.xxix
The Prime Minister Indira Gandhi issued an award, which distributes water between Punjab and
Haryana on equal basis. It was a clear cut violation of the Punjab State Reorganization Act 1966.
The Act had stated clearly that moveable and immoveable property between Punjab and Haryana
would be shared on 60:40 ratios respectively.xxx
The Akalis argued that the Central government was
favouring the states of Haryana and Rajasthan regarding the disposition of Ravi-Beas river waters
by allowing them to take a substantial share of the waters from rivers that flow only through
Punjab.xxxi
On 25 March 1977, Indira Gandhi awarded 3.5 MAF of water to Haryana and 3.5 MAF
to the Punjab. Under the Beas project formulated before 1966, the area which later went to Haryana
was to have 0.90 MAF. That Indira Gandhi was absolutely keen on drawing the Punjab waters into
Haryana is evident from the fact that she awarded 0.20 MAF to Delhi on the bank of the river
Jamuna.xxxii
In the following years, the Akalis took up this matter before the Centre government
under Morarji Desai. He could convince the Rajasthani leaders to this extent that their state was not
a part of the Indus basin, but he was not prepared to change the award.
However, he had no objection to the Punjab going to the Supreme Court for adjudication. The
matter was put forward to the Supreme Court when the Akalis lost the elections in 1980.xxxiii
The
Central government order of 24 March 1976, which instead of determining the rights of the two
states, arbitrarily distributed the entire Ravi-Beas water, based on the flow series, established in
1955.xxxiv
For the acquisition of land for construction of the SYL canal, two notifications were
issued by the government of Punjab on February 20, 1978. Punjab demanded 3 crore rupees from
Haryana under letter no. 7/78-IW (I)-78/23617, dated: 4 July 1978, for starting the construction of
SYL canal. The Haryana government issued a cheque of Rs. 1 crore, which was accepted by the
Punjab government on March 31, 1979.xxxv
This has weakened Punjab‟s stand on the dispute.xxxvi
In
September 1981, a set of forty-five demands was submitted to the Central government by the
Akalis, which later on, reduced to fifteen. The core of these demands concerned the socio-economic
grievances over the centralization policies of the Indian government.xxxvii
In addition, the Akali Dal
demanded the annulment of earlier agreements on the use of river water between Punjab and
neighbouring states and the establishment of new guidelines regarding the river waters.xxxviii
Punjab
went to Supreme Court against the award.
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When the fourth round of talks between Akalis and the Central government ended unsuccessfully in
April 1982, leading Akali participants contended that the issue was not so much discrimination
against Sikhs as against Punjab: unjust attempts to steal its lifeblood, river water. The Ravi, Beas
and Sutlej Rivers all flow through Punjab, but an elaborate canal system channels off surplus water,
sending it south to irrigate dry areas in Haryana and Rajasthan.xxxix
The foundation stone of the
canal was laid by Prime Minister Indira Gandhi at village Kapoori in Patiala district on April 11,
1982. Two years later, the construction was begun. It was the 214-km-long canal, including 122-
km-long stretch in Punjab, was to take off from Lohand Khad near Kiratpur Sahib in Ropar and
after crossing through Fatehgarh Sahib and Patiala districts, it was to enter Haryana.xl
Sant
Harchand Singh Longowal, President of the Akali Dal (Longowal) and Gurcharan Singh Tohra,
President of Shiromani Gurdwara Parbandhak Committee, renamed the civil disobedience
movement formally started on April 25, 1982 as Dharam Yudh (religious war) in the context of
digging of Sutlej-Yamuna Link canal at Kapoori village near Patiala with a view to stop the
discrimination against Sikhs.xli
This phase was marked by the beginning of bloodshed in Punjab.
As to the division of Punjab‟s waters post-Partition, it was attempted on various occasions as
follows:
Distribution of the waters of the Ravi, Beas and Sutlej since independence
State Inter State
award of 1955
PM’s award of
1976
Inter State
agreement of
1981
Justice Eradi
Commission
award of 1987
Punjab (inclusive
of PEPSU)
7.2 3.5 4.22 5.00
Haryana ---- 3.5 3.50 3.83
Rajasthan 8.00 8.00 8.60 8.60
J & K 0.65 0.65 0.65 0.65
Delhi ---- 0.20 0.20 0.20
The total
available water
15.85 15.85 17.17 18.28
(All figures in MAF)
Source: The Tribune, 30 March 2016, p. 9.
The total water availability has gone down from 17.17 MAF to 13.38 MAF, as evidenced by the
following table:
Flow Series Available Water (in
MAF)
1921-1960 17.17
1981-2002 14.37
1981-2013 13.38
(Source: Bhakra-Beas Management Board)
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It is also true that the quantum of surplus water has decreased over the years and as per the 1981-
2013 flow series, the available surplus volume was only 13.38 MAF, instead of previously
estimated figures of 15.85 MAF and 17.17 MAF.xlii
For the solution of the Punjab problems, an
accord was signed between the Prime Minister Rajiv Gandhi and Akali leader Harchand Singh
Longowal on July 24, 1985, known as Rajiv-Longowal Accord. The accord promised the inquiry
into the anti-Sikh riots of November 1984 following the assassination of Indira Gandhi; withdrawal
of the Armed Forces „Special Powers Act in force in Punjab; and that merit alone would remain the
criterion for selection in the Army. The Accord delineated eleven points of common consent.xliii
However, the Rajiv-Longowal accord set up the Eradi Tribunal (1987) to re-examine the
contentious issue of SYL. It is estimated that at normal rainfall of 600 mm per year in Punjab, to
counter water table depletion since the 1980s, land under paddy crop will have to be reduced by 25
per cent in the Majha and Doaba regions and 35 per cent in Malwa.xliv
In the Malwa region, the
farmers are dependent on the additional water that legitimately belongs to Haryana.xlv
Punjab has claimed that the water available for distribution is much less than claimed. The most
conservative estimate available for distribution was 15.9 MAF in the 1955 agreement. This initial
estimate was revised upwardly to 18.3 MAF in the report of Eradi Tribunal.xlvi
On July 23, 1990,
three engineers of SYL project were attacked by terrorists in Chandigarh, when they were
conducting a meeting over the progress of work. The then chief engineer, M.L. Sekhri died on the
spot, while another engineer S.K. Goel was injured. Then, a superintendent engineer, Avtar Singh
Aulakh tried to intervene and asked terrorists not to resort to violence, they fired bullets at him from
a point-blank range. He was also died on the way to hospital in Chandigarh. Subsequently, all the
construction work of canal was stopped.xlvii
In 2002, the Supreme Court had pointed out that Rs.
700 crore had already been spent on the construction of the canal (most of it paid by the Centre),
and such a large sum from the national exchequer must not be allowed to go to waste.xlviii
The Punjab Legislative Assembly enacted Punjab Termination of Agreements Act on July 12,
2004,xlix
which was the essence to protect the waters of Punjab.l
Primarily, this move was to
terminate its water-sharing agreements, and effectively stopping the construction of the canal in
Punjab.li
In 2016, the Supreme Court ruled that the 2004 Act was in violation of the constitutional
provisions, the Inter-State Water Disputes Act 1956 and the Punjab Reorganization Act, 1966 and
as such did not discharge the state from its obligations under the agreement of December 31, 1981.lii
During his address in the Assembly, the Punjab Governor Kaptan Singh Solanki said, “Agriculture
scientists and meteorological experts are unanimous in their view that if the current trend of reliance
on tube well irrigation continues, the state will turn into a desert in near future. The only solution
lies in Punjab‟s right on the waters of its rivers being safeguarded, for which the state government
has been consistently seeking a solution to this problem since long”.liii
The Congress stalwart,
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Captain Amarinder Singh was of the view; the best constitutional experts in the country should be
hired by the state to represent its case so that the finest solution can be drawn as per the recognized
international riparian laws.liv
On 10 March 2016, the Punjab Chief Minister Parkash Singh Badal announced that the state
government will pass a legislation to de-notify the 5,376 acres acquired from farmers for the canal
project, and give it back to them, under the plea that state doesn‟t have “even a drop of extra river
water” to share with Haryana. Badal further argued, “The situation has taken a dangerous turn and
tolerating this injustice would tantamount to signing on the death warrant of Punjab and Punjabis. Punjab
does not have a single drop of water to spare for others…no decision would be accepted which amounts to
injustice against the Punjab river waters”.lv
While addressing the State Legislative Assembly, the Deputy
Chief Minister of Punjab Sukhbir Badal said, “Punjab has been deprived of its right through various
agreements and decisions. By violating the riparian law in the country and in the world, any attempt to
impose the decision on the construction of the SYL canal to snatch the Ravi-Beas waters from Punjab will
not be tolerated at any cost”.lvi
The Punjab Cabinet also approved the SYL Canal Land (Transfer of Property Rights) Bill, 2016 on
March 14, 2016lvii
, which envisages the provisions that such landowners and their successors-in-
interest would repay the total amount of compensation and all statutory benefits accrued to them
along with the rate of interest to be notified by the government.lviii
Primarily, the bill was meant to
de-notify the land acquired from the farmers so that the SYL Canal can be filled with earth to block
any flow of water through it.lix
The aim was to nullify the decree of Supreme Court (2004), which
required construction of the SYL Canal for supplying water to Haryana.lx
Contrary to it, the Punjab
government‟s move was described by Haryana as an “unconstitutional and mischievous act of
hindering the process of the Supreme Court”. The resolution was passed unanimously by the
Legislative Assembly of Haryana, thereby states, “Haryana is neither asking for charity nor
demanding Punjab‟s share of water. Haryana only wants a passage to get its allocated share of the
Ravi-Beas waters, and this passage is the SYL canal”.lxi
The resolution, described the SYL land de-notification move as “unilateral, unconstitutional and
denying the authority of the Supreme Court, a step only to draw political mileage”.lxii
Haryana has
sought its “rightful share” in the Ravi-Beas water through the SYL canal and Punjab has
consistently taken „not-even-a drop- to spare‟ stand.lxiii
Apart from this, Punjab has serious water
issues such as sinking water table due to over-exploitation, pollution of water resources and repair
of embankments.lxiv
On March 17, 2016, the Supreme Court ordered for maintaining the status quo
on the canal issue.lxv
Next day, the Punjab assembly passed a resolution against the construction of
the SYL canal that would share waters from the Ravi and Beas rivers with Haryana. About two
decades ago, the rural expert P. Sainath warned about the danger of privatizing rivers, streams and
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canals in the context of what he called “corporatization of agriculture”.lxvi
In February 2017, around ninety-three persons, belonging to Indian National Lok Dal were arrested
while crossing over into Punjab via the Shambhu barrier to dig the defunct SYL canal.lxvii
The
police had set up a multi-ring security cover at key points along the border to tackle protesters from
both sides.lxviii
On 12 April 2017, the Supreme Court again asked the Centre, Punjab and Haryana to
finish their talks on the construction of the SYL canal.lxix
In a meeting of the Northern Zonal
Council held on May 12, 2017, the Chief Minister of Punjab, Capt. Amarinder Singh offered a
negotiated settlement of the SYL dispute.lxx
After assuming office in March 2022, Chief Minister of
Punjab Bhagwant Mann urged the Centre to construct Yamuna-Sutlej Link (YSL) canal, instead of
SYL because of depleting water supply in Punjab.lxxi
IMPLICATIONS FOR FEDERAL STRUCTURE
The regional political parties had raised their concern against the growing centralization of
economic and political power, which ultimately hampered the growth of the states. The states are
not questioning the constitutional framework of Indian federalism; rather they are more concerned
with implementation of the federal provisions, which envisages the centralized planning in India.lxxii
Punjab has lagged behind in the process of industrialization. The Government of India had
announced a National Water Policy in 2013, urging the states to take appropriate measures on water
issues. It was suggested that in each state a Water Regulatory Authority needs to be set up to
regulate the use of ground water resources.lxxiii
In Punjab, the rivalry among the political parties on
the SYL issue is basically against the spirit of nation building.lxxiv
CONCLUDING OBSERVATION
The water issues have assumed grave importance in the states, whose economy is primarily dependent
upon these, because of agriculture related requirements. It is well known fact that Punjab is primarily
agriculture based economy, but it went on a continual downslide. Rather the state had faced the severe crisis
of water shortage. Both states (Punjab and Haryana) are on loggerheads on the issue of sharing of
water of SYL canal, but there are serious repercussions of this crisis on the economy of these states.
In Punjab, rural debt is increasing along with other negative indicators i.e. unemployment and so
forth. An inter-state water dispute can be settled either through dialogue involving all stakeholders
under the aegis of the Centre or through court arbitration. In the emerging circumstances, the national
strategy is required on food security, soil preservation, sustainable water use and crop rotation. The
concerted efforts by the governments are essential for conserving the groundwater and introspection the
crucial issues of water management and governance. An amicable solution by both the states is required,
because the sharing of river waters is a matter of serious cause of concern. All policy and judicial
decisions on river water use must grapple with this grave reality. It is time that civil society organizations,
activists, intellectuals and farmers‟ organizations in both states come together to encourage the governments
for the dialogue process.
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References
i
Subrata K. Mitra, The Puzzle of India’s Governance: Culture, Context and Comparative Theory,
London: Routledge, 2006, pp. 82-86.
ii
Report on Centre-State Relations, entitled “Administrative Reforms Commissions”, published by
Government of India on June 1969, p. 32.
iii
Patwant Singh, The Sikhs, New Delhi: Rupa Publications, 2010, p. 243.
iv
Robin Jeffrey, What Happening to India? Punjab, Ethnic Conflict, Mrs. Gandhi’s Death and the
Test for Federalism, London: Macmillan Press, 1986, p. 36.
v
Ashok Swain, Struggle Against the State: Social Network and Protest Mobilization in India,
England: Ashgate Publishing Limited, 2010, p. 31.
vi
Pritam Singh & R. S. Mann, “Punjab‟s water deficit”, The Tribune, 10 August 2017, p. 9.
vii
K. R. Lakhanpal, “SYL solution in present reality, not history”, The Tribune, 20 April 2017, p.
11.
viii
Sangat Singh, The Sikhs in History, Amritsar: Singh Brothers, 2014, p. 342.
ix
Durga Das Basu, Introduction to the Constitution of India, 19th
Edition, New Delhi: Wadhwa and
Company, 2008, p. 344.
x
Editorial, The Tribune, 12 November 2016, p. 10.
xi
The Tribune, 10 May 2017, p. 8.
xii
Swain, n. 5, p. 31.
xiii
The Tribune, 30 March 2016, p. 9.
xiv
Dalip Singh, Dynamics of Punjab Politics, New Delhi: Macmillan India Limited, 1981, p. 37.
xv
Ramachandra Guha, India After Gandhi: The History of the World’s Largest Democracy, London:
Picador, 2008, p. 174.
xvi
Maya Chadda, Ethnicity, Security and Separatism in India, Delhi: Oxford University Press,
1997, p. 129.
xvii
J. S. Samra, “Changing realities and water sharing”, The Tribune, 10 May 2017, p. 9.
xviii
Manohar Singh Gill, “Bitter Waters”, Indian Express, 16 March 2016, p. 10.
xix
Ramesh K. Chauhan, Punjab and the Nationality Question in India, New Delhi: Deep and Deep
Publications, 1995, p. 164.
xx
Guha, n. 15, p. 214.
xxi
R. S. Sethi, Punjab Problem: Is Peace Final?, New Delhi: Vitasta Publishing Pvt. Ltd., 2009, p.
13.
xxii
Ibid., p. 70.
xxiii
Inderjit Singh Jaijee, Politics of Genocide: Punjab 1984-1998, Delhi: Ajanta Publications, 1999,
p. 22.
xxiv
Pradeep Kumar, “Communal Dimension of Regionalism in Indian Federation: A Study of
Trends in Akali Politics”, in Akhtar Majeed (ed.), Regionalism: Developmental Tensions in India,
New Delhi: Cosmo Publications, 1984, p. 154.
xxv
Editorial, The Tribune, 8 September 2016, p. 8.
xxvi
Sarbjit Dhaliwal, “Do more to depend on Punjab”, The Tribune, 1 May 2016, p. 13.
xxvii
The Tribune,5 March 2016, p. 3.
xxviii
Lt. Gen. Harwant Singh (Retd.), “Water woes of Punjab”, The Tribune, 13 December 2016, p.
9.
xxix
Editorial, Daily Post,17 March 2016, p. 8.
xxx
Gurdarshan Singh Dhillon, India Commits Suicide, Chandigarh: Singh & Singh Publishers, 1992,
p. 50.
xxxi
Paul R. Brass, Ethnicity and Nationalism: Theory and Comparison, New Delhi: Sage
Publications, 1991, p. 205.
xxxii
J. S. Grewal, The Akalis: A Short History,Chandigarh: Punjab Studies Publications, 1996, pp.
146-147.
Education and Society ( )
(UGC Care Journal)
ISSN: 2278-6864
Vol-46, Issue-02, January-March: 2023
647
Education and Society
xxxiii
J. S. Grewal, “Sikh Identity and the Issue of Khalistan”, in Reeta Grewal and Sheena Pal (eds.),
Five Centuries of Sikh Tradition: Ideology, Society, Politics and Culture,New Delhi: Manohar
Publishers and Distributors, 2005, pp. 312-313.
xxxiv
The Tribune, 30 March 2016, p. 9.
xxxv
Sucha Singh Gill, “SYL Canal: Mired in political opportunism”, The Tribune, 5 April 2016, p.
9.
xxxvi
The Tribune, 11 November 2016, p. 1.
xxxvii
Harnik Deol, Religion and Nationalism in India: The Case of the Punjab, London: Routledge,
2000, p. 102.
xxxviii
Rajiv A. Kapur, Sikh Separatism: The Politics of Faith, London: Allen & Unwin, 1986, p. 223.
xxxix
Jeffrey, n. 4, p. 160.
xl
The Tribune, 13 March 2016, p. 3.
xli
Kuldeep Kaur, Akali Dal in Punjab Politics: Splits and Mergers,New Delhi: Deep and Deep
Publications, 1999, p. 73.
xlii
C. B. Singh Sheoran, “Punjab ignoring natural justice on SYL”, The Tribune, 12 April 2017, p.
9.
xliii
Ram Narayan Kumar and Georg Sieberer, The Sikh Struggle: Origin, Evolution and Present
Phase, Delhi: Chanakya Publications, 1991, p. 270.
xliv
K. C. Singh, “Punjab in Deep Water”, The Tribune, 17 March 2016, p. 10.
xlv
Yogendra Yadav, “SYL: Give some, take some”, The Tribune, 24 May 2017, p. 8.
xlvi
Ibid.
xlvii
Hindustan Times, 18 March 2016, p. 2.
xlviii
Nirupama Subramanian, “Flagging a Canal”, Indian Express, 18 March 2016, p. 12.
xlix
The Tribune, 23 February 2017, p. 1.
l
The Tribune, 30 March 2016, p. 9.
li
Raman Mohan, “SYL Canal: Politicians flog a dead horse”, The Tribune, 24 March 2016, p. 9.
lii
The Tribune, 11 November 2016, p. 1.
liii
The Tribune, 9 March 2016, p. 2.
liv
The Tribune, 6 March 2016, p. 3.
lv
Hindustan Times, 11 March 2016, p. 1.
lvi
Ibid., p. 5.
lvii
Sarbjit Dhaliwal, “Nothing beyond the ballot box”, The Tribune, 25 December 2016, p. 4.
lviii
Hindustan Times, 12 March 2016, p. 13.
lix
Gill, n. 35, p. 9.
lx
Editorial, The Tribune, 8 September 2016, p. 8.
lxi
Hindustan Times, 13 March 2016, p. 1.
lxii
Hindustan Times, 15 March 2016, p. 1.
lxiii
Ibid., p. 2.
lxiv
Editorial, The Tribune, 11 November 2016, p. 8.
lxv
Editorial, Daily Post, 19 March 2016, p. 8.
lxvi
Tanya Talwar, “Slowing down to a mere trickle now”, Hindustan Times, 2 April 2016, p. 12.
lxvii
The Tribune, 24 February 2017, p. 1.
lxviii
The Tribune, 23 February 2017, p. 1.
lxix
The Tribune, 13 April 2017, p. 1.
lxx
Yadav, n. 45, p. 8.
lxxi
https://www.tribuneindia.com/news/punjab/previous-governments-betrayed-people-aap-on-
syl-issue-467727 as accessed on 8 March 2023.
lxxii
Pritam Singh, “Punjab‟s three turning points & federalism”, The Tribune, 1 November 2018, p.
11.
lxxiii
Gill, n. 35, p. 9.
lxxiv
Subramanian, n. 48, p. 12.

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ferderal structure &issue of SYL canal in punjab.pdf

  • 1. Education and Society ( ) (UGC Care Journal) ISSN: 2278-6864 Vol-46, Issue-02, January-March: 2023 637 Education and Society FEDERAL STRUCTURE, INTER-STATE RIVALRY AND SYL ISSUE IN PUNJAB: EMERGING IMBROGLIO Dr. Iqbal Singh 1 Ashima Sahni2 Dr. Prabhjot Kaur3 Abstract The sharing of river waters became a bone of contention, despite the fact that Punjab literally means the ‘land of five rivers’, and as India’s granary, it could ill afford the diversion of its waters elsewhere. After reorganization, Punjab became basically agricultural state, whose progress and prosperity was dependent upon the vagaries of nature. The joint control of the Bhakra Dam complex made the new state dependent upon the centrally-administered Board for its supply of power and water. During the decade of sixties, the Green Revolution increased the demand for water by farmers both in Punjab and Haryana. It lent a sharp new edge to the simmering canal waters’ dispute between the two states. The Punjab’s argument is that the issue of river water distribution should be addressed in consonance with the Riparian principle. Moreover, Punjab had also faced the severe crisis of river waters and wants to save the land from becoming a desert, whereas the condition of Haryana is equally bad. The Ravi, Beas and Sutlej Rivers all flow through Punjab, but an elaborate canal system channels off surplus water, sending it south to irrigate dry areas in Haryana and Rajasthan. The Inter-State and Centre-State differences necessitate frequent consultations and discussions for reaching acceptable solutions. The Dharam Yudh Morcha (religious crusade) by the Akalis in the context of digging of Sutlej-Yamuna Link canal and Rajiv-Longowal Accord has the serious implications in this regard. The water issues have become more sensitive. In the emerging circumstances, there is urgent need of national strategy on food security, soil preservation, sustainable water use and crop rotation. In this paper, an effort has been made to identify the major causes of SYL dispute in Punjab, and to find out the possible remedies for its earlier disposal. Key words: Akali Dal, Federalism, Riparian Law, River water dispute, SYL. Introduction The political geography and history of the any region plays a crucial role in its governance. The ability of the founding fathers to adapt themselves to the new political context after the foundation of a regional state in the wake of the redrawing of India‟s internal boundaries by the States Reorganization Commission in 1957 is the crucial parameter for regional governance, which is an outcome of a diversity of historical contexts, elite initiatives and political pressures generated by local people.i The Inter-State and Centre-State differences necessitate frequent consultations and discussions for reaching acceptable solutions.ii Punjab is predominantly the agriculture based 1 Dr. Iqbal Singh, Assistant Professor, Department of Political Science, Kanya Maha Vidyalaya (Autonomous), Jalandhar, Punjab. Pin Code 144004, Contact: 79731-66337, Email:iqbalsingh2475@gmail.com 2 Ashima Sahni, Assistant Professor & Head, Department of Political Science, Kanya Maha Vidyalaya (Autonomous), Jalandhar, Punjab. Pin Code 144004, Contact: 62840-83450, Email:sahnisahima1@gmail.com 3 Dr.Prabhjot Kaur, Assistant Professor, Department of Laws, Guru Nanak Dev University, Amritsar, Punjab. Pin Code 143002, Contact: 70092-30965, Email: prabhjotpolsci@gmail.com
  • 2. Education and Society ( ) (UGC Care Journal) ISSN: 2278-6864 Vol-46, Issue-02, January-March: 2023 638 Education and Society economy. The sharing of river waters remained a bone of contention, despite the fact that Punjab literally means the „land of five rivers‟, and as India‟s granary, it could ill afford the diversion of its waters elsewhere.iii Earlier, the word „Punjab‟ described the great plain through which the five tributaries of the Indus flowed after they burst out of the Himalayas. Since independence, the Indian Punjab has only two and a half. While the Ravi forms part of the border between Pakistani and Indian Punjab. Only the Beas and the Sutlej flow for a substantial distance through the present Punjab state of the Indian Union. The Jhelum and the Chenab are in Pakistan.iv This agreement was possible under Indus Water Treaty (1960), but the dispute among Indian states still continues over the waters of Ravi, Beas and Sutlej.v The gravity of this water crisis can be highlighted by one simple fact that the total water required to produce just one crop (rice) that Punjab produces is significantly higher than the total water resources available in Punjab.vi The exploitation of these resources in Punjab is already highest in the country at 170 per cent.vii The Central Water Commission is coordinating the strategies for the regulation, conservation and usage of water resources throughout the country. The Central government under the section 79 and 80 of the Punjab Reorganization Act, 1966 had retained arbitrary powers to allocate waters of the Beas project.viii The Inter-State Water Disputes Act, 1956, provides for the reference of an inter- State river dispute for arbitration by a Water Disputes Tribunal, whose award would be final under Art. 262 (2) of the Indian Constitution.ix There are nationally and internationally accepted principles of settling water disputes.x Since 1993, every year World Water Day celebrates on 22 March to raise the awareness and for solving the water crisis. Describing the importance of water, the American President John F. Kennedy opines: Anyone who can solve the problems of water will be worthy of two Nobel prices; one for peace and one for science.xi In 1955, the Centre allocated the waters of the Ravi, Beas and Sutlej, between three states: Rajasthan got 8.00 million acre feet (MAF), Punjab (Punjab and Haryana) got 7.2 MAF and Kashmir got 0.65 MAF.xii This decision was based on the available river water being 15.85 MAF, corresponding to the 1924 to 1945 flow series.xiii After reorganization (1966), Punjab became basically agricultural state, whose progress and prosperity was dependent upon the vagaries of nature. The joint control of the Bhakra Dam complex made the new state dependent upon the centrally-administered Board for its supply of power and water.xiv The Indus and Jhelum entered Pakistan before any major extraction was possible, but the other four rivers ran for many miles in Indian Territory.
  • 3. Education and Society ( ) (UGC Care Journal) ISSN: 2278-6864 Vol-46, Issue-02, January-March: 2023 639 Education and Society This made it possible for India to regulate their flow and impound water before the rivers reached the other country. After partition (1947), the governments of East and West Punjab signed a „Standstill Agreement‟, whereby water continued to flow uninterrupted for both the countries.xv During the decade of sixties, the Green Revolution increased the demand for water by farmers both in Punjab and Haryana. In the following years, Punjab served as a food bowl of the country. The water shortage lent a sharp new edge to the simmering canal waters‟ dispute between the two states.xvi In reality, the issues of climate change, demographic growth, urbanization and industrialization have triggered rapid changes in demand, supply, river flows and water conflicts.xvii Objectives of the Study  To analyze the nature of Indian federal structure concerning the demands of states.  To understand the origin and nature of rivalry between Punjab and Haryana regarding the sharing of river waters.  To examine the working of Central legislations and other arrangements meant for sharing the river waters among states.  To evaluate the role of mainstream political parties of Punjab, particularly the Akali Dal for securing the claims of state in terms of river waters.  To understand the response of Haryana regarding the construction of SYL.  To find out the appropriate remedies within the constitutional framework of India, so that the democratic rights of the states can be protected. Research Questions 1. What are the federal arrangements of India, which envisages regional conflicts? 2. Had there been rights in accordance with the claim of Punjab regarding river waters? 3. Had the state of Punjab been able to effect consumptive use of all water of all three eastern rivers, what would have been the fate and stand of Punjab? 4. What are the implications of the conflict among Punjab and Haryana regarding the construction of SYL canal? 5. How far the Centre is serious about the democratic rights of Punjab in terms of SYL dispute? 6. What is the possible solution of current conflict of SYL dispute and what are the ramifications? Research Methodology The study is primarily based on the descriptive-analytical approach to understand the origin, patterns and dynamics of the conflict between Punjab and Haryana regarding the sharing of river water, particularly the SYL canal. The documentary analysis and secondary sources like books,
  • 4. Education and Society ( ) (UGC Care Journal) ISSN: 2278-6864 Vol-46, Issue-02, January-March: 2023 640 Education and Society periodicals, journals, magazines and newspapers have been used for more critical insights into the study. The role and strategies of the Akali Dal as the mainstream political party of Punjab has been thoroughly examined. The demand of state autonomy reflected in the Anandpur Sahib Resulution, Dharam Yudh Morcha has been taken into consideration. Besides, the reaction of Haryana in the context of river waters, legislations of Centre government and various judgements of Supreme Court concerning the SYL have also analyzed. The internet sources have also been mentioned for providing the factual analysis regarding the study. Results and Discussion As per the provisions of the Constitution, water is a state subject like agriculture. During the British rule in India, the rivers and canals were categorized as canal colonies. Since independence, the Prime Minister Jawaharlal Nehru took various initiatives for building the Dams in the country. The construction of Bhakra Dam was one of the classical examples of these goals. Later on, these Dams were described as the “temples of modern India” by Nehru.xviii Through the Bhakra Dam, a canal system was created bringing vast stretches of land under irrigation and raising the level of ground water for tube wells.xix This project was a form of compensation for the refugee farmers‟ from West Punjab. In simple terms, the Bhakra-Nangal project gave them „the field and the resources from which they can rebuild and resettle themselves‟.xx After the reorganization of Punjab in 1966, Chandigarh continues to be a Union territory and serves as the joint capital for Punjab and Haryana. The Bhakra Dam Complex and Pong Dam were also to be administered by a Central Board.xxi As a consequence, the section 78 of the Punjab Reorganization Act provides for the distribution of the rights and liabilities of the Bhakra Nangal and Beas Projects.xxii Basically, the Haryana had no riparian right to the water, but some water was given to it anyway on the plea that it was a successor state. Through yet another administrative verdict, the Centre ordered still more water to be given to Haryana and for the purpose, a new canal was sanctioned, that was the Satluj-Yamuna Link (SYL) canal, whereas Haryana is a riparian state to the river Yamuna, but refuses to share its riparian rights with Punjab.xxiii Most of the charges that the Akalis have leveled against the Centre in the post-1977 period, e.g., pertaining to Ravi-Beas waters dispute, transfer of Education to the State list, complaints of political, economic and cultural discrimination against Punjab during the Congress rule sound a non-communal tone and are similar to many such charges leveled by certain other regional parties (like the CPM in West Bengal).xxiv There is dispute between Tamil Nadu and Karnataka regarding the sharing of water of Cauvery River. On the same pattern, Krishna River remained the source of tension among Maharashtra, Karnataka and Andhra Pradesh.xxv In 1980s, the Bhakra canal (which carries water to Haryana) was breached twice by militants to protest, what was described as “an act of injustice with the state by the Centre.” The agro-economist and former Vice Chancellor Sardara Singh Johl has been
  • 5. Education and Society ( ) (UGC Care Journal) ISSN: 2278-6864 Vol-46, Issue-02, January-March: 2023 641 Education and Society constantly arguing that the state should reduce the area under the paddy crop at least by 10 lakh hectares from the existing about 27 lakh hectares.xxvi The sharing of river waters (Ravi and Beas) has been a contentious issue between Punjab and Haryana.xxvii Basically, Haryana is in favour of early completion of the project. The argument of Punjab is that the issue of river water distribution should be addressed in consonance with the Riparian principle. Besides, Punjab has also faced the severe crisis of river waters and land must be saved from becoming a desertxxviii , whereas the condition of Haryana is equally bad.xxix The Prime Minister Indira Gandhi issued an award, which distributes water between Punjab and Haryana on equal basis. It was a clear cut violation of the Punjab State Reorganization Act 1966. The Act had stated clearly that moveable and immoveable property between Punjab and Haryana would be shared on 60:40 ratios respectively.xxx The Akalis argued that the Central government was favouring the states of Haryana and Rajasthan regarding the disposition of Ravi-Beas river waters by allowing them to take a substantial share of the waters from rivers that flow only through Punjab.xxxi On 25 March 1977, Indira Gandhi awarded 3.5 MAF of water to Haryana and 3.5 MAF to the Punjab. Under the Beas project formulated before 1966, the area which later went to Haryana was to have 0.90 MAF. That Indira Gandhi was absolutely keen on drawing the Punjab waters into Haryana is evident from the fact that she awarded 0.20 MAF to Delhi on the bank of the river Jamuna.xxxii In the following years, the Akalis took up this matter before the Centre government under Morarji Desai. He could convince the Rajasthani leaders to this extent that their state was not a part of the Indus basin, but he was not prepared to change the award. However, he had no objection to the Punjab going to the Supreme Court for adjudication. The matter was put forward to the Supreme Court when the Akalis lost the elections in 1980.xxxiii The Central government order of 24 March 1976, which instead of determining the rights of the two states, arbitrarily distributed the entire Ravi-Beas water, based on the flow series, established in 1955.xxxiv For the acquisition of land for construction of the SYL canal, two notifications were issued by the government of Punjab on February 20, 1978. Punjab demanded 3 crore rupees from Haryana under letter no. 7/78-IW (I)-78/23617, dated: 4 July 1978, for starting the construction of SYL canal. The Haryana government issued a cheque of Rs. 1 crore, which was accepted by the Punjab government on March 31, 1979.xxxv This has weakened Punjab‟s stand on the dispute.xxxvi In September 1981, a set of forty-five demands was submitted to the Central government by the Akalis, which later on, reduced to fifteen. The core of these demands concerned the socio-economic grievances over the centralization policies of the Indian government.xxxvii In addition, the Akali Dal demanded the annulment of earlier agreements on the use of river water between Punjab and neighbouring states and the establishment of new guidelines regarding the river waters.xxxviii Punjab went to Supreme Court against the award.
  • 6. Education and Society ( ) (UGC Care Journal) ISSN: 2278-6864 Vol-46, Issue-02, January-March: 2023 642 Education and Society When the fourth round of talks between Akalis and the Central government ended unsuccessfully in April 1982, leading Akali participants contended that the issue was not so much discrimination against Sikhs as against Punjab: unjust attempts to steal its lifeblood, river water. The Ravi, Beas and Sutlej Rivers all flow through Punjab, but an elaborate canal system channels off surplus water, sending it south to irrigate dry areas in Haryana and Rajasthan.xxxix The foundation stone of the canal was laid by Prime Minister Indira Gandhi at village Kapoori in Patiala district on April 11, 1982. Two years later, the construction was begun. It was the 214-km-long canal, including 122- km-long stretch in Punjab, was to take off from Lohand Khad near Kiratpur Sahib in Ropar and after crossing through Fatehgarh Sahib and Patiala districts, it was to enter Haryana.xl Sant Harchand Singh Longowal, President of the Akali Dal (Longowal) and Gurcharan Singh Tohra, President of Shiromani Gurdwara Parbandhak Committee, renamed the civil disobedience movement formally started on April 25, 1982 as Dharam Yudh (religious war) in the context of digging of Sutlej-Yamuna Link canal at Kapoori village near Patiala with a view to stop the discrimination against Sikhs.xli This phase was marked by the beginning of bloodshed in Punjab. As to the division of Punjab‟s waters post-Partition, it was attempted on various occasions as follows: Distribution of the waters of the Ravi, Beas and Sutlej since independence State Inter State award of 1955 PM’s award of 1976 Inter State agreement of 1981 Justice Eradi Commission award of 1987 Punjab (inclusive of PEPSU) 7.2 3.5 4.22 5.00 Haryana ---- 3.5 3.50 3.83 Rajasthan 8.00 8.00 8.60 8.60 J & K 0.65 0.65 0.65 0.65 Delhi ---- 0.20 0.20 0.20 The total available water 15.85 15.85 17.17 18.28 (All figures in MAF) Source: The Tribune, 30 March 2016, p. 9. The total water availability has gone down from 17.17 MAF to 13.38 MAF, as evidenced by the following table: Flow Series Available Water (in MAF) 1921-1960 17.17 1981-2002 14.37 1981-2013 13.38 (Source: Bhakra-Beas Management Board)
  • 7. Education and Society ( ) (UGC Care Journal) ISSN: 2278-6864 Vol-46, Issue-02, January-March: 2023 643 Education and Society It is also true that the quantum of surplus water has decreased over the years and as per the 1981- 2013 flow series, the available surplus volume was only 13.38 MAF, instead of previously estimated figures of 15.85 MAF and 17.17 MAF.xlii For the solution of the Punjab problems, an accord was signed between the Prime Minister Rajiv Gandhi and Akali leader Harchand Singh Longowal on July 24, 1985, known as Rajiv-Longowal Accord. The accord promised the inquiry into the anti-Sikh riots of November 1984 following the assassination of Indira Gandhi; withdrawal of the Armed Forces „Special Powers Act in force in Punjab; and that merit alone would remain the criterion for selection in the Army. The Accord delineated eleven points of common consent.xliii However, the Rajiv-Longowal accord set up the Eradi Tribunal (1987) to re-examine the contentious issue of SYL. It is estimated that at normal rainfall of 600 mm per year in Punjab, to counter water table depletion since the 1980s, land under paddy crop will have to be reduced by 25 per cent in the Majha and Doaba regions and 35 per cent in Malwa.xliv In the Malwa region, the farmers are dependent on the additional water that legitimately belongs to Haryana.xlv Punjab has claimed that the water available for distribution is much less than claimed. The most conservative estimate available for distribution was 15.9 MAF in the 1955 agreement. This initial estimate was revised upwardly to 18.3 MAF in the report of Eradi Tribunal.xlvi On July 23, 1990, three engineers of SYL project were attacked by terrorists in Chandigarh, when they were conducting a meeting over the progress of work. The then chief engineer, M.L. Sekhri died on the spot, while another engineer S.K. Goel was injured. Then, a superintendent engineer, Avtar Singh Aulakh tried to intervene and asked terrorists not to resort to violence, they fired bullets at him from a point-blank range. He was also died on the way to hospital in Chandigarh. Subsequently, all the construction work of canal was stopped.xlvii In 2002, the Supreme Court had pointed out that Rs. 700 crore had already been spent on the construction of the canal (most of it paid by the Centre), and such a large sum from the national exchequer must not be allowed to go to waste.xlviii The Punjab Legislative Assembly enacted Punjab Termination of Agreements Act on July 12, 2004,xlix which was the essence to protect the waters of Punjab.l Primarily, this move was to terminate its water-sharing agreements, and effectively stopping the construction of the canal in Punjab.li In 2016, the Supreme Court ruled that the 2004 Act was in violation of the constitutional provisions, the Inter-State Water Disputes Act 1956 and the Punjab Reorganization Act, 1966 and as such did not discharge the state from its obligations under the agreement of December 31, 1981.lii During his address in the Assembly, the Punjab Governor Kaptan Singh Solanki said, “Agriculture scientists and meteorological experts are unanimous in their view that if the current trend of reliance on tube well irrigation continues, the state will turn into a desert in near future. The only solution lies in Punjab‟s right on the waters of its rivers being safeguarded, for which the state government has been consistently seeking a solution to this problem since long”.liii The Congress stalwart,
  • 8. Education and Society ( ) (UGC Care Journal) ISSN: 2278-6864 Vol-46, Issue-02, January-March: 2023 644 Education and Society Captain Amarinder Singh was of the view; the best constitutional experts in the country should be hired by the state to represent its case so that the finest solution can be drawn as per the recognized international riparian laws.liv On 10 March 2016, the Punjab Chief Minister Parkash Singh Badal announced that the state government will pass a legislation to de-notify the 5,376 acres acquired from farmers for the canal project, and give it back to them, under the plea that state doesn‟t have “even a drop of extra river water” to share with Haryana. Badal further argued, “The situation has taken a dangerous turn and tolerating this injustice would tantamount to signing on the death warrant of Punjab and Punjabis. Punjab does not have a single drop of water to spare for others…no decision would be accepted which amounts to injustice against the Punjab river waters”.lv While addressing the State Legislative Assembly, the Deputy Chief Minister of Punjab Sukhbir Badal said, “Punjab has been deprived of its right through various agreements and decisions. By violating the riparian law in the country and in the world, any attempt to impose the decision on the construction of the SYL canal to snatch the Ravi-Beas waters from Punjab will not be tolerated at any cost”.lvi The Punjab Cabinet also approved the SYL Canal Land (Transfer of Property Rights) Bill, 2016 on March 14, 2016lvii , which envisages the provisions that such landowners and their successors-in- interest would repay the total amount of compensation and all statutory benefits accrued to them along with the rate of interest to be notified by the government.lviii Primarily, the bill was meant to de-notify the land acquired from the farmers so that the SYL Canal can be filled with earth to block any flow of water through it.lix The aim was to nullify the decree of Supreme Court (2004), which required construction of the SYL Canal for supplying water to Haryana.lx Contrary to it, the Punjab government‟s move was described by Haryana as an “unconstitutional and mischievous act of hindering the process of the Supreme Court”. The resolution was passed unanimously by the Legislative Assembly of Haryana, thereby states, “Haryana is neither asking for charity nor demanding Punjab‟s share of water. Haryana only wants a passage to get its allocated share of the Ravi-Beas waters, and this passage is the SYL canal”.lxi The resolution, described the SYL land de-notification move as “unilateral, unconstitutional and denying the authority of the Supreme Court, a step only to draw political mileage”.lxii Haryana has sought its “rightful share” in the Ravi-Beas water through the SYL canal and Punjab has consistently taken „not-even-a drop- to spare‟ stand.lxiii Apart from this, Punjab has serious water issues such as sinking water table due to over-exploitation, pollution of water resources and repair of embankments.lxiv On March 17, 2016, the Supreme Court ordered for maintaining the status quo on the canal issue.lxv Next day, the Punjab assembly passed a resolution against the construction of the SYL canal that would share waters from the Ravi and Beas rivers with Haryana. About two decades ago, the rural expert P. Sainath warned about the danger of privatizing rivers, streams and
  • 9. Education and Society ( ) (UGC Care Journal) ISSN: 2278-6864 Vol-46, Issue-02, January-March: 2023 645 Education and Society canals in the context of what he called “corporatization of agriculture”.lxvi In February 2017, around ninety-three persons, belonging to Indian National Lok Dal were arrested while crossing over into Punjab via the Shambhu barrier to dig the defunct SYL canal.lxvii The police had set up a multi-ring security cover at key points along the border to tackle protesters from both sides.lxviii On 12 April 2017, the Supreme Court again asked the Centre, Punjab and Haryana to finish their talks on the construction of the SYL canal.lxix In a meeting of the Northern Zonal Council held on May 12, 2017, the Chief Minister of Punjab, Capt. Amarinder Singh offered a negotiated settlement of the SYL dispute.lxx After assuming office in March 2022, Chief Minister of Punjab Bhagwant Mann urged the Centre to construct Yamuna-Sutlej Link (YSL) canal, instead of SYL because of depleting water supply in Punjab.lxxi IMPLICATIONS FOR FEDERAL STRUCTURE The regional political parties had raised their concern against the growing centralization of economic and political power, which ultimately hampered the growth of the states. The states are not questioning the constitutional framework of Indian federalism; rather they are more concerned with implementation of the federal provisions, which envisages the centralized planning in India.lxxii Punjab has lagged behind in the process of industrialization. The Government of India had announced a National Water Policy in 2013, urging the states to take appropriate measures on water issues. It was suggested that in each state a Water Regulatory Authority needs to be set up to regulate the use of ground water resources.lxxiii In Punjab, the rivalry among the political parties on the SYL issue is basically against the spirit of nation building.lxxiv CONCLUDING OBSERVATION The water issues have assumed grave importance in the states, whose economy is primarily dependent upon these, because of agriculture related requirements. It is well known fact that Punjab is primarily agriculture based economy, but it went on a continual downslide. Rather the state had faced the severe crisis of water shortage. Both states (Punjab and Haryana) are on loggerheads on the issue of sharing of water of SYL canal, but there are serious repercussions of this crisis on the economy of these states. In Punjab, rural debt is increasing along with other negative indicators i.e. unemployment and so forth. An inter-state water dispute can be settled either through dialogue involving all stakeholders under the aegis of the Centre or through court arbitration. In the emerging circumstances, the national strategy is required on food security, soil preservation, sustainable water use and crop rotation. The concerted efforts by the governments are essential for conserving the groundwater and introspection the crucial issues of water management and governance. An amicable solution by both the states is required, because the sharing of river waters is a matter of serious cause of concern. All policy and judicial decisions on river water use must grapple with this grave reality. It is time that civil society organizations, activists, intellectuals and farmers‟ organizations in both states come together to encourage the governments for the dialogue process.
  • 10. Education and Society ( ) (UGC Care Journal) ISSN: 2278-6864 Vol-46, Issue-02, January-March: 2023 646 Education and Society References i Subrata K. Mitra, The Puzzle of India’s Governance: Culture, Context and Comparative Theory, London: Routledge, 2006, pp. 82-86. ii Report on Centre-State Relations, entitled “Administrative Reforms Commissions”, published by Government of India on June 1969, p. 32. iii Patwant Singh, The Sikhs, New Delhi: Rupa Publications, 2010, p. 243. iv Robin Jeffrey, What Happening to India? Punjab, Ethnic Conflict, Mrs. Gandhi’s Death and the Test for Federalism, London: Macmillan Press, 1986, p. 36. v Ashok Swain, Struggle Against the State: Social Network and Protest Mobilization in India, England: Ashgate Publishing Limited, 2010, p. 31. vi Pritam Singh & R. S. Mann, “Punjab‟s water deficit”, The Tribune, 10 August 2017, p. 9. vii K. R. Lakhanpal, “SYL solution in present reality, not history”, The Tribune, 20 April 2017, p. 11. viii Sangat Singh, The Sikhs in History, Amritsar: Singh Brothers, 2014, p. 342. ix Durga Das Basu, Introduction to the Constitution of India, 19th Edition, New Delhi: Wadhwa and Company, 2008, p. 344. x Editorial, The Tribune, 12 November 2016, p. 10. xi The Tribune, 10 May 2017, p. 8. xii Swain, n. 5, p. 31. xiii The Tribune, 30 March 2016, p. 9. xiv Dalip Singh, Dynamics of Punjab Politics, New Delhi: Macmillan India Limited, 1981, p. 37. xv Ramachandra Guha, India After Gandhi: The History of the World’s Largest Democracy, London: Picador, 2008, p. 174. xvi Maya Chadda, Ethnicity, Security and Separatism in India, Delhi: Oxford University Press, 1997, p. 129. xvii J. S. Samra, “Changing realities and water sharing”, The Tribune, 10 May 2017, p. 9. xviii Manohar Singh Gill, “Bitter Waters”, Indian Express, 16 March 2016, p. 10. xix Ramesh K. Chauhan, Punjab and the Nationality Question in India, New Delhi: Deep and Deep Publications, 1995, p. 164. xx Guha, n. 15, p. 214. xxi R. S. Sethi, Punjab Problem: Is Peace Final?, New Delhi: Vitasta Publishing Pvt. Ltd., 2009, p. 13. xxii Ibid., p. 70. xxiii Inderjit Singh Jaijee, Politics of Genocide: Punjab 1984-1998, Delhi: Ajanta Publications, 1999, p. 22. xxiv Pradeep Kumar, “Communal Dimension of Regionalism in Indian Federation: A Study of Trends in Akali Politics”, in Akhtar Majeed (ed.), Regionalism: Developmental Tensions in India, New Delhi: Cosmo Publications, 1984, p. 154. xxv Editorial, The Tribune, 8 September 2016, p. 8. xxvi Sarbjit Dhaliwal, “Do more to depend on Punjab”, The Tribune, 1 May 2016, p. 13. xxvii The Tribune,5 March 2016, p. 3. xxviii Lt. Gen. Harwant Singh (Retd.), “Water woes of Punjab”, The Tribune, 13 December 2016, p. 9. xxix Editorial, Daily Post,17 March 2016, p. 8. xxx Gurdarshan Singh Dhillon, India Commits Suicide, Chandigarh: Singh & Singh Publishers, 1992, p. 50. xxxi Paul R. Brass, Ethnicity and Nationalism: Theory and Comparison, New Delhi: Sage Publications, 1991, p. 205. xxxii J. S. Grewal, The Akalis: A Short History,Chandigarh: Punjab Studies Publications, 1996, pp. 146-147.
  • 11. Education and Society ( ) (UGC Care Journal) ISSN: 2278-6864 Vol-46, Issue-02, January-March: 2023 647 Education and Society xxxiii J. S. Grewal, “Sikh Identity and the Issue of Khalistan”, in Reeta Grewal and Sheena Pal (eds.), Five Centuries of Sikh Tradition: Ideology, Society, Politics and Culture,New Delhi: Manohar Publishers and Distributors, 2005, pp. 312-313. xxxiv The Tribune, 30 March 2016, p. 9. xxxv Sucha Singh Gill, “SYL Canal: Mired in political opportunism”, The Tribune, 5 April 2016, p. 9. xxxvi The Tribune, 11 November 2016, p. 1. xxxvii Harnik Deol, Religion and Nationalism in India: The Case of the Punjab, London: Routledge, 2000, p. 102. xxxviii Rajiv A. Kapur, Sikh Separatism: The Politics of Faith, London: Allen & Unwin, 1986, p. 223. xxxix Jeffrey, n. 4, p. 160. xl The Tribune, 13 March 2016, p. 3. xli Kuldeep Kaur, Akali Dal in Punjab Politics: Splits and Mergers,New Delhi: Deep and Deep Publications, 1999, p. 73. xlii C. B. Singh Sheoran, “Punjab ignoring natural justice on SYL”, The Tribune, 12 April 2017, p. 9. xliii Ram Narayan Kumar and Georg Sieberer, The Sikh Struggle: Origin, Evolution and Present Phase, Delhi: Chanakya Publications, 1991, p. 270. xliv K. C. Singh, “Punjab in Deep Water”, The Tribune, 17 March 2016, p. 10. xlv Yogendra Yadav, “SYL: Give some, take some”, The Tribune, 24 May 2017, p. 8. xlvi Ibid. xlvii Hindustan Times, 18 March 2016, p. 2. xlviii Nirupama Subramanian, “Flagging a Canal”, Indian Express, 18 March 2016, p. 12. xlix The Tribune, 23 February 2017, p. 1. l The Tribune, 30 March 2016, p. 9. li Raman Mohan, “SYL Canal: Politicians flog a dead horse”, The Tribune, 24 March 2016, p. 9. lii The Tribune, 11 November 2016, p. 1. liii The Tribune, 9 March 2016, p. 2. liv The Tribune, 6 March 2016, p. 3. lv Hindustan Times, 11 March 2016, p. 1. lvi Ibid., p. 5. lvii Sarbjit Dhaliwal, “Nothing beyond the ballot box”, The Tribune, 25 December 2016, p. 4. lviii Hindustan Times, 12 March 2016, p. 13. lix Gill, n. 35, p. 9. lx Editorial, The Tribune, 8 September 2016, p. 8. lxi Hindustan Times, 13 March 2016, p. 1. lxii Hindustan Times, 15 March 2016, p. 1. lxiii Ibid., p. 2. lxiv Editorial, The Tribune, 11 November 2016, p. 8. lxv Editorial, Daily Post, 19 March 2016, p. 8. lxvi Tanya Talwar, “Slowing down to a mere trickle now”, Hindustan Times, 2 April 2016, p. 12. lxvii The Tribune, 24 February 2017, p. 1. lxviii The Tribune, 23 February 2017, p. 1. lxix The Tribune, 13 April 2017, p. 1. lxx Yadav, n. 45, p. 8. lxxi https://www.tribuneindia.com/news/punjab/previous-governments-betrayed-people-aap-on- syl-issue-467727 as accessed on 8 March 2023. lxxii Pritam Singh, “Punjab‟s three turning points & federalism”, The Tribune, 1 November 2018, p. 11. lxxiii Gill, n. 35, p. 9. lxxiv Subramanian, n. 48, p. 12.