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147. The Punjab Assembly continues to thumb its nose
at the law of the land.
A day after a five-judge Constitution Bench of the
Supreme Court ordered status quo on land marked for
the construction of the Sutlej-Yamuna Link (SYL)
Canal, on Friday the Assembly unanimously resolved
that it cannot be allowed to be built. It is not
clear whether this is an emotive cover for the
Punjab government to wind down the efforts to change
the facts on the ground by even levelling the canal.
But the events of the past week frame political
adventurism of an order that this country has not
witnessed in a long time. Supported by a political
consensus that brings the Opposition Congress and
even the Aam Aadmi Party on board the Shiromani
Akali Dal-Bharatiya Janata Party government’s
unilateral repudiation of inter-State agreements,
they put the onus on the Centre to reiterate the
redlines that cannot be crossed in a federal set-up.
On Monday, the Punjab Assembly passed the
Punjab Sutlej-Yamuna Link Canal(Rehabilitation and
Re-vesting of Proprietary Rights) Bill 2016, seeking
to return land acquired for the canal’s construction
to the original owners free of cost, and thereby
completely destroy the work (still incomplete after
more than three decades) to channel to Haryana its
duly allotted share of the waters of the Ravi and
the Beas. Even though the Governor’s assent has not
come for the Bill, work on levelling the land,
scooping earth and flora along the canal began at
fever pitch, causing ecological damage and wiring up
the original owners into frenzied activity.
The origins of the crisis go back to 2004, when the
State passed the Punjab Termination of Agreements
legislation. With this, it reneged on its
upper-riparian responsibility to share water with
Haryana through the SYL Canal. The matter went to
the Supreme Court, and hearing finally started this
month. The 2004 abdication has now been aggravated
by wilful destruction of parts of the canal, on
which hundreds of crores of rupees have already been
spent. The earlier effort to reap political dividend
by raising the spectre of Punjab’s fields turning
barren has been topped by exciting hopes on the
possibility of farmers getting back lost land. All
political parties are on board. The 2004 law was
passed under Amarinder Singh’s Congress government.
The 2016 Bill has been guided by Parkash Singh
Badal’s SAD-BJP government. Twelve years ago, the
Congress-led government at the Centre refused to
read the Riot Act to a Congress Chief Minister.
Today, a BJP-led Central government is keeping
silent at the outrage fomented by its own coalition
in Punjab. Inter-State water disputes tend to be
particularly emotive, and thereby amenable to
populist politics. However, in the 1970s and 1980s,
most issues relating to the SYL Canal had been
sorted out. Indeed, by the 1990s, much of the
construction of the 212-km-long canal had been
completed in Punjab. It is against this groundwork
that the Punjab government-led destruction and
repudiation of a federal agreement must be squarely
condemned.
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