Punjab Bill annuls all Ravi-Beas pacts

Punjab today found its way out of the troubled Ravi-Beas waters — it just legislated itself out of the 1981 contractual obligation and ...

Punjab today found its way out of the troubled Ravi-Beas waters — it just legislated itself out of the 1981 contractual obligation and any other obligation to construct the Sutlej-Yamuna Link canal, a predicament staring it in the face after the June 4 Supreme Court judgment.

Two days before Punjab was to hand over the SYL canal construction work in its territory to CPWD, the Assembly in its special session unanimously passed ‘The Punjab Termination of Agreements Bill, 2004’. The Bill annulled the December 31, 1981 agreement signed by CMs of Punjab, Haryana and Rajasthan as per which the SYL was to be constructed by Punjab. All other pacts related to Ravi-Beas waters also stood terminated.

It was the 1981 Agreement, brokered by then PM Indira Gandhi that formed the main premise of the June 4 SC judgment of Justices Ruma Pal and P Venkatarama Reddi. Today’s action of the Assembly is aimed at knocking out this premise.

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‘‘It is well-settled law that the legislature is competent to remove, or take away the basis of a judgment by law and, thereby, it does not encroach upon the power of the judiciary,’’ Chief Minister Amarinder Singh, told the House.

But the Bill anulling all agreements relating to sharing of Ravi-Beas waters with Haryana and Rajasthan, however, would not make any difference to the quantum being used by these two states and Delhi.

A-G of Punjab Harbhagwan Singh, who addressed a press conference along with the CM after the passage of the Bill, quoted Shah Bano case and Janjua case as examples where legislative bodies knocked down the law upon which judicial verdicts were built. Singh said the terms of the 1981 agreement have ‘‘become onerous, unfair, unreasonable and contrary to the interests of the inhabitants of Ravi-Beas basin”.

The Bill said Haryana and Rajasthan were neither riparian nor basin states but have been utilising Ravi-Beas waters and Punjab accepted this, Clause 5 said the existing usage is ‘‘protected”. The Bill also has a safeguard: ‘No civil court shall have jurisdiction to entertain any suit or proceedings in respect of any matter arising under or connected with this Act.’’