Rivers- Nationalisation

Nationalise interstate rivers

THE PRESENT scenario in the country's water resources sector is alarmingly dismal. While floods are wreaking havoc in the Northeast and Eastern regions and drought is looming large in many parts of the Indian land mass, many States continue opposing the interbasin transfer of waters from surplus to deficit basins. Punjab has gone one step ahead by passing unilaterally a Bill terminating all previous agreements and accords on river waters thereby vitally affecting irrigation and drinking water supply in the neighbouring States. Punjab's action has triggered a whirlwind of protest and has raised a core issue of national importance, the solution to which would determine the future course of action on such issues.

Conflict of interest is the normal state of affairs in a reality where river flows physically link upstream and downstream users and uses. The issues are complex and linkages are many. But instead of sorting out the differences, of late, water endowed States have been resorting to legal gimmickry while playing to the political galleries, in their bid to prevent use of waters flowing through their territories by their water deficit neighbours. Kerala has passed a Bill in this regard recently and Karnataka had issued an ordinance on the Cauvery waters some time back. In all these cases reference has been made to the sovereign rights of the States as enshrined in the Constitution. If other water surplus States take the cue from these instances and act as arbitrarily, the consequences of such developments in terms of India's unity and integrity would be disastrous. Hence the demand has been gaining momentum in the last few years for the Central government to transfer the subject of "Water" from the "State List" to the "Union List" or "Concurrent List" to arrest further deterioration in water related issues.

In the Constitution, "Water, that is to say, water supplies, irrigation and canals, drainage and embankments, water storage and water power," is a matter contained in Entry 17, List II (State List). Hence the State legislatures have full powers to legislate under this provision, all water related matters including their regulation and development. However, this Entry is subject to the provision of Entry 56, List I (Union List) which authorises Parliament to enact laws for the regulation and development of interstate rivers and river valleys.

Entry 56 under Union List reads as under:
"Regulation and development of interstate rivers and river valleys to the extent to which such regulation and development under the control of the Union is declared by Parliament by law to be expedient in public interest."
In the past, the Centre had enacted over-riding laws using constitutional powers on many subjects such as industry and business, which are included in the State List. However, at present any constitutional amendment particularly in the emotive issue of water does not seem possible considering the current political scenario.
Another view which has gained currency is that without any constitutional amendment, the Centre can deal with interstate rivers by empowering itself under the available provisions (Entry 56, List I). The Sarkaria Commission on Centre-State relations which examined this question in detail was also of the view that Parliament could enact laws to regulate the beneficial use and distribution of interstate river waters among the States.

Against the above background, any change in the scheme of the Constitution has to be ruled out and instead the Centre has to pass laws to deal with interstate rivers more effectively as they contribute more than 85 per cent of the water resources of the country. The National Commission for Integrated Water Resources Development Plan had also recommended such an approach (September, 1999).

Consultative mechanism

Apart from enacting laws to empower itself for the control and regulation of interstate rivers, there is also a need for the Centre to set up Centre-State consultative mechanisms for effectively sorting out water related concerns. The purpose is to secure a proper tie between problems and their main causes on the one hand and technology and governance perspectives of problem solving on the other. Further, a National Water Authority (NWA) as an apex body to concern itself with the development and management of interstate rivers supported by a River Basin Organisation for each interstate river needs to be set up on similar lines as in Australia, France, etc. The River Boards Act (1956) has to be suitably amended to create these institutions.

The tragedy in the water resources sector today is that the politicians, NGOs and intellectuals have failed in their expected roles to optimally improve the sector as they were concerned only with the furtherance of their own respective goals — politicians to impress their vote banks, NGOs to ensure their sustainability and the intellectuals to remain in the limelight. It was forgotten by them that the development of effective solutions to water problems depends less on theatrics but more on governance. Hence it is essential for the Centre to empower itself to take over the interstate rivers for providing better regulation and management of the water resources available in the country and put a stop to the bouts of fissiparous tendencies recently demonstrated by some States.
(The Hindu, 27th July, 2004)



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