May 5 Vidhan-Sabha Resolutions Disappointed Punjab,” say ‘Lok-Raj’ & Jago Punjab

Chandigarh, Dt: 7 May, 2025.

Resolutions passed in Punjab Vidhan Sabha on 05 May, are “retrograde,” claimed ‘Jago Punjab’ and Lok-Raj’ Punjab.

      Honorable Members of Legislative Assembly (MLAs),  should have at least, considered previous Acts/Resolutions passed by Punjab Assembly, which could have been the basis for adopting fresh Resolutions, said S Swarn Singh Boparai, Dr Manjit Singh Randhawa, Er Harinder Singh Brar and Col Avtar Singh Hira, in a joint statement isuued to press, here today.

     On Sharing of Water : At Serial 6 of the May 5 Resolution says; “water should be shared between the states as per 1981 Agreement.”

     Whereas, 1981 Agreement stood terminated by ‘The Punjab Termination of Agreement, Act 2004 (Punjab Act No17 of 2004)’. However, water already flowing had been protected in this Act.

      Legality & validity of this Act was sought vide Presidential Reference 1 of 2004 under Article 143(1) of the Constitution of India. Though Advisory opinion (not verdict) given by Supreme Court was not favourable, but this Act has not been challenged till date, by any affected state in any Court of Law. Therefore legally Punjab Act is valid, till it is set aside by following procedure of law, they maintained.

     Secondly; Punjab Assembly also had passed a resolution on 16 November 2016 to “recover the cost of water flowing to Non-Riparian States,” they added.

     May 5 Assembly also omitted to pass a resolution, asking  Centre to pay the water cost on whose instructions water was shared vide Notification of 29 January 1955, they claimed.

      Considering these aspects on such a vital issue, Punjab Assembly should have brought thoroughly delebrated and well prepared resolutions, for providing strength to riparian claim of Punjab rather than “taking retrograde step and falling back on 1981 Agreement,” they said.

      They further disclosed that the Suit No.2 of 2007, filed by Punjab in the Supreme Court of India Challenging vires of Sections 78, 79 & 80 of ‘Punjab Reorganization Act 1966.’ After completion of evidence on 11.9.2018, the case was listed on 17-02 -2020 and was adjourned for 17 April 2020.

      The case was kept pending due to Covid Pandemic, and the same is still pending, though the covid is over since long.

       Presence of Sections 78,79 & 80 of the Punjab Reorganization Act-1966 is a continuing challenge due to its misuse for encroaching upon Punjab Waters.

       Since independence, many  Indian States have been reorganized, more than 13 times, but no where river waters were shared with successor non riparion states, they disclosed.

      This should have been discussed in May 5 Assembly and honorable Supreme Court requested to have the immediate hearing of the case . It is regrettable that such a important issue was not touched upon, and a high drama was enacted, they maintained.

       Regarding Additional Water to Haryana: Haryana had drawn 3.11 MAF (104%) by 31March 25. No merits were discussed that why the flow was increased to 4000 cusecs per day ?

      Government should come out how much additional water has been given to Haryana and other states, and on whose orders ?

       Dam Safety Act 2021 : Under the plea of ‘Safety ‘ Centre is controlling and regulating waters from Dams and Headworks, while Punjab faces the brunt of floods causing unprecedented loss of lives and properties . Why Control for the rivers flowing in Punjab territory should rest with anybody else other than the flood  bearing affected riparian state of Punjab ? they asked.

      May 5 Punjab Assembly’s Resolutions,” are “Retrograde,” since these compromise Punjab’s exclusive claim on Dams built on Punjab rivers, with exclusive right as riparian state, globally given wide “Riparian Principle.”

     Experts on “Punjab Rivers Water issue” are of considered opinion, that “flawed” resolutions are likely to end up doing “more harm than good.” It is because many retrograde mentions in the resolutions “seriously impair the “Riparian Right of Punjab.”

       Both Public Forums felt, that mandatory procedure to get the language of resolutions relating to a legal matter, seems not followed.

      Unneccessory provocative outbrusts, served no purpose except to add “fuel the fire,” ignited under “political conspiracy” to break ages old brotherhood between two real brother states.

      They maintained, that these “retrograde” resolutions are likely to weaken state’s “sure win” position, in the cases lingering in the Apex court, because, the exclusive right of riparian state under “Riparian Principle” can’t be taken away without consent.”

      Ironically, Second and Third Resolutions; are restricted to “objections on functional procedure,” adopted for the controversial meetings, and only “demand restructuring of BBMB,” clearly compromising “exclusive riparian right of Punjab” over its rivers and dams as per globally accepted “Riparian Principle.”

       It is first time in history, that Punjab Assembly was taken for a ride to “wilfully accept unconstitutional BBMB’s unlaeful control over Dams and rivers of Punjab.”

      In Fourth Resolution, the Punjab Assembly, while “acceding unlawful control” of BBMB, meekly pleads for “resharing of waters” due to changed current realities of water flows.

      Fifth Resolution objects, only procedure of BBMB meetings, without giving adequate notice.

      Sixth Resolution, accedes unconstitutional anti Punjab 1981 agreement, which stood repealed by Punjab Assembly by passing an Act in 2004.

      Seventh Resolution, “Seeking Repealment of ‘Dams Safety Act’ from Centre,” is nothing more than a “helpless cry.”

      In all the whole high drama ended in despair for People of Punjab, both Public Forums concluded.

       *S Swarn Singh Boparai,

Padmashri, Kirtichakra,

Chairman ‘Jago-Punjab’, former Union Secretary, Sec Irrigation Punjab & former Vice Chancellor Pbi Uni Pta.

      *Mob: 99150 02478.

      *Col Avtar Singh Hira

      *Mob: 81307 40978*

      *Er Harinder Singh Brar,

former Engineer in Chief and Chaiman Punjab State Electricity Board.

      *Mob: 96465 00009.

      *Dr. Manjit Singh Randhawa,

President ‘LOK-RAJ’ Punjab

Convener, ‘Jago Punjab’

former State President, PCMSA Punjab.

Mob: 98723 27993.