Photo Source: Babushahi Bureau
"May 5 Vidhan-Sabha resolutions disappointed Punjab," say Lok-Raj and Jago Punjab
Babushahi Bureau
Chandigarh, May 7, 2025 – Civil society platforms 'Jago Punjab' and 'Lok-Raj Punjab' have strongly criticized the Punjab Vidhan Sabha’s resolutions passed on May 5, calling them "retrograde" and a missed opportunity to reinforce Punjab’s rightful riparian claims.
In a joint statement, prominent figures including Swarn Singh Boparai (Padmashri, Kirti Chakra awardee), Col. Avtar Singh Hira, Er. Harinder Singh Brar (former Chairman, Punjab State Electricity Board), and Dr. Manjit Singh Randhawa, expressed deep disappointment with the Assembly's failure to draw from earlier legal instruments and resolutions passed by the state on river water rights.
Key Concerns Raised:
- 1981 Agreement Invoked Illegally: The May 5 resolution’s reference to the 1981 water-sharing agreement was termed invalid, as the agreement was repealed by the Punjab Termination of Agreements Act, 2004 (Act No. 17 of 2004). While the Supreme Court's advisory opinion in Presidential Reference 1 of 2004 was not in Punjab’s favour, the Act remains legally valid until struck down by due process.
- Omission of Previous Resolutions: The Assembly ignored its 2016 resolution seeking cost recovery for water supplied to non-riparian states, and failed to demand compensation from the Centre, which ordered water sharing through the January 29, 1955 notification.
- Pending Supreme Court Case Overlooked: Punjab’s Suit No. 2 of 2007, challenging the constitutional validity of Sections 78, 79, and 80 of the Punjab Reorganisation Act (1966), has been pending since 2020. Experts believe the Assembly missed a crucial opportunity to press for its urgent hearing.
- Increased Water Flow to Haryana: The groups questioned why water flow to Haryana was raised to 4000 cusecs per day, especially after the state had already drawn 104% (3.11 MAF) of its allocation by March 31, 2025. The government has not clarified on whose orders or authority this was done.
- Dam Safety Act Concerns: The Dam Safety Act 2021 has allowed the Centre to regulate dams in Punjab under the guise of safety, leaving Punjab vulnerable to floods while losing control over its own water infrastructure. The forums strongly argued that control of rivers flowing within Punjab must rest with the state itself.
"Compromise of Riparian Rights"
The public forums claim the May 5 resolutions weaken Punjab’s riparian position, globally recognized under the Riparian Principle. They warn that these flawed resolutions could undermine the state's legal advantage in ongoing court cases and embolden unconstitutional interference by bodies like the BBMB.
Further criticism was aimed at the "procedural and superficial nature" of some of the resolutions:
- Second and Third Resolutions merely object to meeting protocols.
- The Fourth Resolution appears to concede BBMB’s control while asking for “re-sharing” of waters.
- The Fifth Resolution focuses on notice periods for meetings.
- The Sixth Resolution shockingly reaffirms the nullified 1981 agreement.
- The Seventh Resolution, seeking repeal of the Dam Safety Act, is viewed as a "helpless plea" rather than a strategic stand.
“A High Drama Ending in Despair”
The statement concluded that the resolutions reflect a political compromise, misguiding the public and ignoring constitutional and legal frameworks that could have strengthened Punjab’s water claims.
Both ‘Jago Punjab’ and ‘Lok-Raj Punjab’ called the Assembly's approach a missed historical opportunity to assert Punjab’s sovereign rights over its rivers and infrastructure.