editorial articles reviews news & views - Institute of Sikh Studies
editorial articles reviews news & views - Institute of Sikh Studies
editorial articles reviews news & views - Institute of Sikh Studies
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PUNJAB RIVER WATERS – UNLAWFUL AND UNJUST DISTRIBUTIONS<br />
57<br />
that this arrangement will be reviewed from time to time. Deputy<br />
Secretaries are not even heads <strong>of</strong> the departments and had no powers<br />
to take such a decision. For lack <strong>of</strong> consideration, free consent, or<br />
competency, it is null and void.<br />
The 1976 distribution <strong>of</strong> Punjab river waters, was an award <strong>of</strong><br />
the Prime Minister Indira Gandhi vide which Rajasthan was allocated<br />
8.6 MAF, Haryana 3.5 MAF, Delhi 0.2 MAF and Punjab 3.5 MAF out<br />
<strong>of</strong> 15.8 MAF which was declared as surplus, though there was no<br />
surplus water, and this entire water was much less than the needs <strong>of</strong><br />
Punjab. The Prime Minister had no power and jurisdiction to distribute<br />
Punjab river waters. There was no consideration, no free consent and<br />
no competency. It was null and void. Punjab Govt challenged it in<br />
Supreme court as illegal and void, but Indira Gandhi, Prime Minister,<br />
got the case withdrawn ftom Punjab Chief Minister Darbara Singh<br />
under political pressure to withdraw the case or resign; he preferred to<br />
retain his post.<br />
The 1981, distribution <strong>of</strong> Punjab river waters was also made by<br />
Prime Minister, Indira Gandhi with an imaginary increase in surplus<br />
waters to 17.17 MAF. The allocations <strong>of</strong> Rajasthan, Haryana and<br />
Delhi remained the same, but that <strong>of</strong> Punjab was increased to 4.2<br />
MAF: while J&K was added in the list with allocation <strong>of</strong> 0.65 MAF<br />
waters. This time it was got signed from the Chief Ministers <strong>of</strong> Punjab,<br />
Haryana and Rajasthan. The same strategy was employed to get the<br />
signatures <strong>of</strong> Chief Minister Punjab, Darbara Singh, to sign or resign.<br />
There are witnesses in this regard besides the press statement <strong>of</strong><br />
Darbara Singh himself. This so-called agreement is also null and void<br />
in the absence <strong>of</strong> consideration, free consent, or competency for<br />
agreement and non compliance <strong>of</strong> Article 299 <strong>of</strong> the Constitution,<br />
besides lack <strong>of</strong> decision <strong>of</strong> the council <strong>of</strong> ministers, and approval <strong>of</strong><br />
state legislature. The Chief Minister has no authority to give away<br />
state property without consideration. The state Govt cannot do it, as<br />
it is only a mere custodian to manage it for the benefit <strong>of</strong> the people<br />
<strong>of</strong> the state. The river waters are most valuable state asset and the<br />
Chief Minister or the state Govt and even the state legislature have<br />
no powers to give it without consideration. These institutions are<br />
elected by the people <strong>of</strong> the state for the best management <strong>of</strong> its<br />
affairs in the best interests <strong>of</strong> the state and its people. And they are