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PUNJAB RIVER WATERS – UNLAWFUL AND UNJUST DISTRIBUTIONS
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economy. No doubt, the lands of other states need waters for irrigation,
but it should not be at the cost of Punjab, particularly when other
states have no legal claim to it. The Government. of India, with the
vast resources at its command, should tap other resources in this
regard, like canalizing the Ghagar river waters and the Yamuna river,
etc, to which these states may have valid claim. The distribution of
Punjab river waters to these states is unlawful, unjust and
unconstitutional.
Constitution of India separates the powers of the union and the
states. India is a union of states as defined in Article 1 of the
Constitution. Schedule VII of the Constitution gives the state list,
and the subject of river waters is included in it at entry 17. Article
246 of the Constitution lays down that the states have the exclusive
jurisdiction over the subjects enumerated in the state list, while union
has exclusive jurisdiction over the subjects of the union list. Punjab
river waters are thus under the control of Punjab state and its
legislature, exclusively. Govt of India and Parliament having no
jurisdiction over it. The distribution of Punjab river waters by the
Prime Minister Indira Gandhi obviously violates these constitutional
provisions and is, as such, unconstitutional and void, having no binding
effect.
Similarly the sections 78 to 80 of Punjab Reorganization Act I
and section 14 of Inter State River Waters Disputes Act 1956 are
unconstitutional, as the Parliament has no jurisdiction over Punjab
river waters. These unconstitutional provisions do not confer any
legal powers on Govt of India to intervene in Punjab river waters.
The Eradi tribunal set up under section 14 of the Inter State River
Waters Disputes Act automatically becomes illegal when this section
is held unconstitutional. This Act can have no application to Punjab
river waters, being not inter-state rivers as these flow in the Punjab
territories, and not in any other state to which these waters have been
distributed.
Punjab has the exclusive right to Punjab river waters on the basis
of riparian law. The other states to which these waters have been
distributed are non-riparian, having no valid claim to it The riparian
law is based upon justice and equity, having international acceptance.
It has been approved by the United Nations. In India it has been