A Window To Perceptive Journalism

'Presidential Reference
is good news'

S P Singh

Chandigarh 

OFFICIALLY the Punjab Government isn't saying much about the Centre's move to make a Presidential Reference to the Supreme Court, effectively lobbing the SYL row back into the judiciary's court. Unofficially, top mandarins of the state government who were prime movers behind the SYL canal-blocking Bill can't stop gloating at the way things have turned out.

Top Punjab officials said the setting up of the Constitutional Bench, a likely development after the President made the Reference under Article 143 of the Constitution to the Supreme Court, is the best thing that can happen in the state's bid to prevent any additional outflow of river waters than what was already being utilized by the neighbouring states.  

"It is the best that we could have asked for after the Supreme Court's June 4 judgement. Not only is the pressure to hand over the canal construction work to the Centre off, but the Constitutional bench will also give Punjab the opportunity to re-argue the entire case with reference to the larger issue of judicious water allocation too, and not just canal construction," said a senior official.  

Significantly, though the defined points mentioned in the Presidential Reference ask for the apex court's guidance for legality and validity of the Punjab Termination of Agreements Act 2004 qua the Constitution, Section 14 of the Inter-State Water Disputes Act, 1956 and Section 78 of the Punjab Reorganization Act, 1966, state officials say Punjab will get an opportunity to question the legal validity of Section 78 of the 1966 Act itself.  

"Also, the question whether the ISWD Act can apply to this dispute, with Haryana being a non-riparian state, will also have to be decided," said officials. 

They said concerned and affected states will automatically stand arraigned as parties to the case as and when the Constitutional Bench is set up. 

Sources said though Punjab's Team Legal, which even had the advantage of advice from a luminary as senior as former Attorney General Soli J. Sorabjee, has been getting a pat on its back for coming up with the idea of the Termination Bill and seeing it through. The bulk of the actual drafting and seeing it through fell largely to the lot of Principal Secretary, Irrigation, K. R. Lakhanpal.  

"Interestingly, during the fateful period, the state saw the Irrigation portfolio shifting from Gurchet Bhullar to Avtar Henry to Lal Singh, but thanks to Lakhanpal's dexterous anchoring of the entire exercise, the state was able to negotiate its way through," said a top official. 

Soli's services not available any more

Former Attorney General Soli J. Sorabjee's guidance would no more be available to the state government since he would be busy with a United Nations assignment in the coming weeks.  

The Punjab Government is likely to avail the services of noted Constitutional expert Harish Salve to defend its case before the still to be set up Constitutional Bench, sources said. 

Water Disputes expert A.K. Ganguly will also be part of Punjab's Team Legal. Sources said another top legal luminary Fali Nariman was also informally approached by the Punjab Government but he is not willing to take up the assignment.■

July 23, 2004


Also See:

― Govt plans legislation to escape SYL
― Govt mulled tweaking 131-yr-old Act for SYL 
― CM to meet Sorabjee today 
― Punjab annuls all Ravi-Beas pacts...
― My days numbered, said CM 
― SYL: Centre's eyes were wide shut
― How CM's Team Legal found an enabling loophole 
― Experts say Punjab Act dilutes riparian concept 
― Capt plays to the gallery, works the back-channels
― Capt finds solace in Narmada Tribunal's report
― State suggested Presidential Reference
― Capt changes tune
― Amarinder demanded this in '87

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