State suggested Presidential Reference
S P Singh
Chandigarh
IF Presidential Reference is the Centre’s magic wand to resolve the contentious construction and waters issue, then the Punjab Government could possibly get the credit for telling the magician how to do it, something any magician is loathe to admit.
In the matrix of partisan politics mixed with the emotive waters issue, the Central Government’s likely move to go in for a Presidential Reference on the situation created by the passage of the Punjab Termination of Agreements Bill 2004 is being seen by top state government’s mandarins as a relief.
“This is exactly what we wanted,” said a senior official connected with the Irrigation Department. Top officials not only confirmed that the Amarinder government was more than happy with the way things were shaping up, but even said the entire exercise went off exactly as scripted by Punjab’s officials and the state’s Team Legal.
“The Punjab Government had itself suggested in its communication to the Union Ministry of Water Resources on July 15 that the situation arising in the aftermath of the SYL canal-blocking Bill passed by the State Assembly now preferably requires a Presidential Reference,” revealed an official.
So much so, revealed sources, the state government’s communication even made a mention of Article 143 of the Constitution under which such a reference is made.
As per Article 143, “If at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court on it, he may refer the question to the Court for consideration and the Court may, after hearing as it thinks fit, report to the President its opinion thereon.”
Punjab officials said if Presidential Reference was indeed made, it would result in the setting up of a Constitutional Bench of five or more Supreme Court judges and would give Punjab an opportunity to place its case in a holistic manner.
“Punjab has never had the opportunity to get an assessment and allocation of river waters done through application of judicial processes. It has always either been a notification, as in 1976, or a pact, as in 1981. Now the state may finally be able to press for the case that the entire quantum of water is assessed de novo as per now available latest flow series,” said an official.
While CM Amarinder Singh would prefer not to go to town claiming victory, the Presidential Reference route leaves enough escape routes for Haryana and Rajasthan, who can always make face-saving statements of bowing to the highest court.
Since the UPA would be taking the same route which the NDA took in the Cauvery dispute, it will suffer lesser barbs in Parliament.
July 20, 2004