Punjab Challenges HC Order on Haryana Water

Punjab Challenges HC Order on Haryana Water

Why in the News ?

The Punjab government has moved the Punjab and Haryana High Court seeking a recall of its May 6 directive to release 4,500 cusecs of water to Haryana, citing misrepresentation of facts by Bhakra Beas Management Board (BBMB).

Punjab Challenges HC Order on Haryana Water

Punjab Opposes Court’s Water Release Order:

  • Punjab filed a petition against the May 6 High Court order directing release of 4,500 cusecs of water to Haryana from Bhakra Dam.
  • The state claims the court was misled by inaccurate information, especially about a meeting chaired by the Union Home Secretary.
  • Punjab argued that the meeting was not held under Rule 7 of the 1974 rules, which mandates BBMB chairman’s reference.

Contempt Plea and Procedural Concerns

  • A separate contempt petition was filed against BBMB Chairman Manoj Tripathi for allegedly misrepresenting facts in court.
  • Punjab alleged Tripathi submitted a false affidavit on May 9, claiming he was stopped from performing duties.
  • However, Tripathi earlier told the court that he was aided by Punjab Police during protests and left the area safely.
  • The state also said the May 2 meeting lacked formal minutes, relying only on a press note for directives.

Legal Arguments and Broader Dispute

  • Punjab contends that Haryana has overdrawn its water quota, and its current demand is for irrigation, not drinking
  • It asserted that the Union Power Secretary, not the Home Secretary, is the competent authority under the BBMB Act.
  • Punjab claims BBMB overstepped legal authority by moving to release water without due legal process.
  • The matter is expected to be heard in court this week.

Understanding Interstate River Water Dispute:

About:

● Disputes arise when two or more states disagree over the usage, distribution, or control of rivers crossing state boundaries.

Causes:

●Riparian Rights: Conflicts between upstream and downstream states over water distribution.
●Water Sharing Agreements: Ambiguities in agreements lead to perceived unfair allocations.
● Water Scarcity & Climate Change: Increased competition due to droughts and changing weather patterns.
●Political & Electoral Considerations: Political interests complicate dispute resolution.
●Agriculture vs Industry: Tensions between agricultural and industrial water needs.
● Economic Disparities: Wealthier states dominate water access.
●Legal Delays: Prolonged legal processes delay resolution.

Constitutional Provisions & Dispute Resolution:

●Entry 56 (Union List): Union Government regulates interstate rivers.
● Entry 32 (Concurrent List): Concerns navigation on inland waterways.
●Entry 17 (State List): Covers water supply, irrigation, and storage.

Resolution Mechanisms:

●Article 262: Parliament can legislate to resolve disputes and restrict court jurisdiction.
●River Board Act (1956): Empowered the Union to establish river boards.
●Inter-State Water Dispute Act (1956): Provides for tribunals, with a 1-year deadline for establishment and 3 years for decisions (as amended in 2002).