Centre must render justice to Telangana

A few days ago, the Brijesh Kumar Tribunal framed the issues to be decided. Hearing will start on September 13. Hence, the main deliberations at the Tribunal will move on. However, there are some pertinent questions lingering in the minds of intellectuals of Telangana.

The references made under Section -89 of Andhra Pradesh Reorganisation Act, 2014 have limited scope. Moreover, they are not made under Article 262 of the Constitution.

In fact, Section-3 of Inter-State Water Disputes Act, 1956 enacted by Parliament giving effect to the Article 262 has empowered the States to urge the Union Government to refer water disputes to a Tribunal. The Union Government shall explore and resolve disputes through negotiations. If it fails to settle it, it is bound to constitute a Tribunal and refer the issue to it.

The foresight and wisdom of the founding fathers of the Indian Constitution in incorporating the provisions of Article 3 and Article 262 is to facilitate and redress the grievances in oppressed regions like Telangana. Whatever happened during and after the formation of Telangana State has led the Telangana intellectuals to feel that their State’s interests were neglected.

Given this backdrop, it is binding on the Centre to immediately refer the plea put forth by the State of Telangana under Section-3 to a Tribunal and strengthen the federal spirit of the nation.

In the Constituent Assembly, an amendment to Article 3 moved by Dr BR Ambedkar had facilitated that a minor region within a state could also become a new State within India. Because of this amendment, Telangana State formation was possible. And, there is nothing in Article 3 or any other provision in the Constitution that prohibits invoking Article 262 by a successor State on the grounds that its grievances have already been looked after by the erstwhile combined State.

One of the three most important demands during struggle for Telangana State was on the utilisation of River Krishna and Godavari waters for parched lands in Telangana by way of equitable allocations.

The Andhra Pradesh State Reorganisation Act, 2014 had not provided with any provision to resolve the sufferings of Telangana. The Section-89 of the Act, which provided for extension of the Krishna Water Disputes Tribunal –II (Brijesh Kumar Tribunal) did not include the references concerned to Telangana.

While dealing with Inter-State Relations in his book ‘Introduction to the Constitution of India,’ eminent jurist DD Basu noted ‘Since the states, in every federation, normally act as independent units in the exercise of their internal sovereignty, conflicts of interest between the units are sure to arise.

Hence, in order to maintain the strength of the union, it is essential that there should be adequate provision for judicial determination of disputes between the units and for settlement of disputes by extra-judicial bodies as well as their prevention by consultation and joint action. Article 262 provides for the adjudication of one class of such disputes by an extra-judicial tribunal.’

The Parliament in exercise of its powers under Article 262, enacted the Inter-State Water Disputes Act, 1956 and provided for constituting an ad hoc Tribunal for the adjudication of any dispute arising between two or more States with regard to the waters of any inter-State river or river valley.

Sections related to water in the Government of India Act, 1935 and Articles related to water in the Draft Constitution 1946, which were dropped by the Constituent Assembly, were incorporated in the ISWD Act, 1956.

Telangana State was not in existence before either of the two Tribunals, KWDT-I & KWDT-II, when the allocations have been made, therefore, it had no opportunity to address its requirements for appropriate allocation. The erstwhile State of Andhra Pradesh had not properly represented the whole area and population of undivided Andhra Pradesh and as being a region, Telangana was not entitled to represent at Tribunals.

There is a strong resentment among Telangana people that the A.P. Reorganisation Act, 2014 had not been drafted properly and was biased against Telangana interests.

It is also observed that the Union Government might have got the wrong opinion that the Part-IX of the Act, which deals with the Management and Development of Water Resources, which provided for extension of KWDT-II and formation of River Management Boards and Apex Council, was enough to resolve the water issues of Telangana State.

There is already a petition pending before the Supreme Court to direct the Union Government to refer Telangana Government’s complaint under Section-3 to a Tribunal.

Hence, respecting the Telangana State’s rights as a unit of the nation, the Union Government should refer the matter to a Tribunal, immediately. The federal spirit of the Constitution as envisioned by the founders of the Constitution through Article 3 and Section 3 shall be upheld. (The writer is Secretary of Telangana Engineers JAC)

By Salla Vijaya Kumar