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56
ABSTRACTS OF SIKH STUDIES : APRIL-JUNE 2005 / 537 NS
followed in all other states, Punjab being the only exception. On the
reorganization of Madras state, some of its areas were allocated to
Tamilnadu, Andhrapardesh and Karnataka. The rivers of the erstwhile
Madras state, namely, Krishna, Godawari, and Mahanadi did not flow
in the reorganised Tamilnadu state, and so it was not given the waters
of those rivers, since it ceased to be a riparian state. The case of
Haryana is idenictical, as it ceased to be riparian state. Punjab rivers
do not flow in Haryana territories, and so it is not entitled to waters of
Punjab rivers. Rajasthan state made an application in the tribunal to
claim waters of Narbada river, which had been set up in the dispute
between Maharashtra and other riparian states, which was rejected, as
it was not a riparian state and not entitled to the waters of that river.
Rajasthan is a non-riparian state for Punjab rivers also, and is thus not
entitled to the waters of these rivers. Similarly, Delhi is not riparian
state for Punjab rivers and as such not entitled to waters of these
rivers. Thus, none of these states has any right to Punjab river waters.
There is no lawful agreement for the distribution of Punjab river
waters to other states. The essential ingredients of an agreement are
consideration of agreement, free consent of parties, and competency
of the parties to enter in to agreement. In the so-called agreements to
distribute Punjab river waters, none of these ingredients are present,
viz-a-viz, neither consideration, nor free consent and nor competency
of the parties to the agreement. The provisions of Indian Contract
Act specifically lay down that the agreement or contract which is
without consideration or without free consent (as the consent having
been taken under undue influence or the parties being not competent
to enter into agreement) is null and void and of no binding effect. In
the case of agreements by states, there are further requirements laid
down in Article 299 of Constitution of India, that it must be in
accordance with the procedure prescribed therein and in the name of
the Governors of the states. None of these constitutional procedures
have been followed in these so-called agreements. In fact, these cannot
be called lawful as agreements, at all.
The 1955 distribution of Punjab river waters was made by
recording in the proceedings of the meeting of deputy secretaries,
held in the irrigation department at Dehli, that Punjab can spare 8
MAF waters for Rajasthan, but Punjab needs will be met first, and