Syllabus: GS2/Governance
SYL stands for Sutlej-Yamuna Link (SYL) canal. It is a 214 km-long waterway in which 122 km was to be constructed in Punjab and 92 km in Haryana to link the Satluj and Yamuna rivers. It’s an old water-sharing dispute between Punjab and Haryana.
Context
- The Supreme Court recently termed Punjab’s de-notification of land acquired for the construction of the Sutlej-Yamuna Link (SYL) canal an act of “high-handedness”.
About
- The court reminded Punjab of its 2017 order to maintain status quo on canal-related land and property.
- The SYL canal was conceptualised for the effective allocation of water from the Ravi and Beas rivers.
- The project envisaged a 214-km canal, of which 122 km was to be constructed in Punjab and 92 km in Haryana.
Background of the Dispute
- In 1981, an agreement was reached between Punjab, Haryana, and Rajasthan for sharing the Ravi-Beas water.
- Haryana filed a case for the completion of the canal in 1996.
- The Supreme Court in 2002 ruled in favour of Haryana and directed Punjab to complete its share.
- In 2004, Punjab passed the Termination Agreement Act and stopped the construction unilaterally.
- In 2016, the Supreme Court struck down the 2004 Act of Punjab and declared it unconstitutional.
Recent Court Guidelines
- The Supreme Court appointed the Union Home Secretary, the Chief Secretary of Punjab, and the DGP of Punjab for overseeing land-related issues.
- It also ruled Punjab, Haryana and the Central government worked on mutually agreeable solutions.
- If this matter remains unresolved then again listed on 13th August.
Dispute Resolution Mechanism in India for Inter-State Water Sharing
Provisions in the Constitution: As mentioned in Article 262 of the Indian Constitution, Parliament has the power to legislate for adjudication of inter state river water disputes.
And also restrict the jurisdiction of the Supreme Court or any other court in such matters if a law is made under this provision.
According to Article 262 of the Indian Constitution, it empowers the parliament to enact the River Board Act 1956, which empowered the Central Government to establish boards for Interstate Rivers and river valleys in consultation with State Governments.
However, no board has been created to date.
- Inter-State Water Dispute Act, 1956: If the State Government(s) approach the Central Government for the constitution of the Tribunal, the Centre may form a Tribunal after trying to resolve the dispute through consultations.
- The Supreme Court shall not question the Award or formula given by the Tribunal but it can question the working of the Tribunal.
The Inter-State River Water Disputes Act, 1956 was amended in 2002, to include the major recommendations of the Sarkaria Commission.
- The Tribunal has to be constituted within a year of getting the request.
- The tribunal must give the award within the maximum period of 5 years.
- The Tribunal award is not immediately implemented and the concerned parties may seek clarification within 3 months of the award.
- Tribunal Awards will have the same force as the order or decree of the Supreme Court. The award is final and beyond the jurisdiction of the Supreme Court.
Recent and Proposed Reforms
- Inter-State River Water Disputes (Amendment) Bill, 2019 (Pending in Parliament):
- Proposes permanent tribunal with time-bound adjudication.
- Creates a Dispute Resolution Committee (DRC) for pre-tribunal negotiation.
- The tribunal must Include technical experts (engineers, hydrologists, ecologists) as permanent members.
- An independent water data authority can be established under the Central Water Commission (CWC).
- Alternative Dispute Resolution (ADR): Negotiations and Mediation by neutral parties or the Centre can resolve disputes effectively.
Source: TH
