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SC seeks Centre’s stand on Punjab action
Termination of water accords
Legal Correspondent

New Delhi, February 28
The Supreme Court today sought to know the stand of Union Government on the “legal competence” of the Punjab Government to enact a law, terminating all water accords with neighbouring states after the apex court’s order last year asking the Centre to complete the Satluj Yamuna Link (SYL) canal.

“Hopefully, you (Centre) will take a stand on legal competence of the state to enact such a law,” a five-judge Constitution Bench headed by Chief Justice R.C. Lahoti told Attorney-General Milon Banerjee, who sought more time to file a reply by the Union Government.

When the Attorney-General said the Centre would watch what stand the Punjab Government took on the issue, the Bench observed, “You will have to take a clear stand unless there is some political compulsion.”

However, the Punjab Government’s standing counsel Rupinder Singh Suri submitted that pleadings on behalf of the state were complete.

Punjab had defended its action on the ground that it did not have any surplus water to share with the neighbouring states.

The Bench with four other seniormost judges — Mr Justice N. Santosh Hegde, Mr Justice Y.K. Sabharwal, Ms Justice Ruma Pal and Mr Justice S.N. Variava — was hearing four-point Presidential reference on “The Punjab Termination of Agreements Act, 2004”, in which President A.P.J. Abdul Kalam had sought the apex court’s opinion whether a state was “competent” to enact a law abrogating its agreements with other states.

The four-point Presidential reference, pertained to the Constitution validity of the Punjab Termination Act passed by the state Assembly on July 12 last year, its validity vis-a-vis the Inter-State Water Dispute Act, 1965 and the Punjab Reorganisation Act, 1966, the Ravi-Beas water agreement and the SYL issue.

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