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Punjab : Congress may replace the defiant CM
News Behind The News
 
August 02, 2004

Punjab Chief Minister Amarinder Singh’s controversial tenure appears headed for an ignominious end with his own party, the Congress, terming his strongarm tactics over the river water row as “unbecoming of a CM”. The sharp indictment was delivered by All-India Congress Committee general secretary Janardan Dwivedi at the party’s daily press conference last week. He said the CM’s decision to abrogate Punjab water sharing treaties with neighbouring states was contrary to the federal spirit of polity. “His behaviour is not as expected from a CM,” Dwivedi said.

The CM had refused to acknowledge he had erred in getting the Punjab Termination of Agreements Act, 2004 enacted.

Apparently unhappy with Amarinder Singh Congress President Sonia Gandhi did not grant him an appointment during his three-day stay in the Capital. He could not also meet Prime Minister Manmohan Singh. The Chief Minister, who met a few Union Ministers and CPM general secretary Harkishen Singh Surjeet, later left Delhi.

The ‘distancing’ of Ms Gandhi from the Punjab Chief Minister is being seen in the context of Congress leaders from Haryana, Rajasthan and Himachal Pradesh protesting against the Punjab move. Some party leaders from Haryana, which will face Assembly elections in the next few months, had also sought action against the Punjab Chief Minister during their meeting with Sonia Gandhi. With the party having lost some ground in Haryana following the Punjab Act, the Congress leadership is keen to be perceived as neutral in the inter-state dispute.



SYL dispute: Supreme Court to hear Presidential Reference

The Presidential Reference filed under Article 143 of the Constitution in the Supreme Court to seek its opinion on the Punjab Termination of Agreements Act, 2004, will come up for hearing on August 2. The Chief Justice of the Supreme Court, Justice R.C. Lahoti, will head the five-Judge Constitutional Bench before which the case is listed.

The Punjab’s Advocate General, Harbhagwan Singh, has reached Delhi to hold a conference with the legal team constituted by the Punjab Government to contest the case. Harish Salve, former Solicitor-General of India will lead the team.

In his reference to the Supreme Court, President A.P.J. Abdul Kalam has sought to know whether the Act passed by the Punjab Assembly is constitutionally valid and really discharges the state government from the water agreements. The Presidential Reference has also sought the Supreme Court’s opinion on whether this Act was creating any legal impediment for the Centre in complying with the apex court’s July 4 directive in the ongoing Sutlej-Yamuna-Link (SYL) canal case.

It may be recalled that the unanimous passing of the Act by the Punjab Assembly on July 12 had kicked up a big controversy in political and legal circles in the country. However, Punjab Chief Minister Capt Amarinder Singh stood his ground and refused to review the passing of the Act at any stage. He has taken the stand that the Act had been passed by the state Assembly to protect Punjab’s right over river waters.

States like Haryana, Rajasthan and Himachal Pradesh, which felt that they had been affected by the passing of the Act, built up a lot of pressure on the Central Government to act in this connection. The Centre swung into action and opted for the Presidential Reference when Haryana and Rajasthan did not move the Supreme Court to challenge the Punjab Act. All eyes in Punjab, Haryana, Rajasthan, Himachal Pradesh and even Delhi are focused on this case.








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