CCI Notes Constitutional Law II PDF

Reference Notes Adv. Naveed Ahmed Visiting Faculty Role of the Council of Common Interests (CCI) in Resolving Disputes Over Greater Thal Canal Project-II Introduction CCI’s Constitutional Mandate: Established under Article 153 of the Constitution to resolve inter...

Reference Notes Adv. Naveed Ahmed Visiting Faculty Role of the Council of Common Interests (CCI) in Resolving Disputes Over Greater Thal Canal Project-II Introduction CCI’s Constitutional Mandate: Established under Article 153 of the Constitution to resolve inter-provincial disputes. Current Dispute: Punjab’s plan to construct six canals under the Greater Thal Canal Project-II has sparked significant controversy, particularly in Sindh, where nationalist parties and other stakeholders fear adverse effects on their water supply. 1. Greater Thal Canal Project-II: An Overview Project Objectives: The canal system aims to irrigate additional agricultural lands in Punjab, particularly the Thal desert, by diverting water from the Indus River system. Sindh’s Concerns: 1. Threat to Sindh’s Water Supply: Sindh believes the project would significantly reduce its water share, particularly during low-flow periods. Potential desertification in southern Sindh and further depletion of the Indus Delta, already struggling with reduced freshwater flows. 2. Violation of the 1991 Water Accord: The Accord mandates mutual consent for such projects, which Sindh argues has been bypassed. Lack of consultation with stakeholders heightens mistrust. 3. Environmental and Economic Impact: Reduced freshwater inflows could harm Sindh’s agriculture and fisheries, which are vital to its economy. Threatens the ecological balance of the Indus Delta, leading to increased seawater intrusion. 4. Historical Grievances: Reference Notes Adv. Naveed Ahmed Visiting Faculty Persistent perception that Punjab dominates water resources, sidelining Sindh's interests. 2. Punjab’s Justification 1. Utilization of Allocated Share: Punjab asserts the project uses its legitimate water share under the 1991 Accord. Emphasizes the need to maximize agricultural productivity in the region. 2. Development Goals: Enhances food security for the nation. Contributes to economic growth by boosting the agricultural sector. 3. Technical Feasibility: Claims the project has been designed to minimize adverse downstream impacts. 3. Nationalist Parties’ Protests in Sindh Public Outcry: Several nationalist parties in Sindh argue the project represents an existential threat to the province's water rights and agriculture. Media Coverage: Highlighted as an example of Punjab's alleged overreach, deepening the divide between the provinces. Protests and Advocacy: Calls for halting the project until a consensus is reached. 4. Role of the Council of Common Interests 1. Mediation and Dialogue: The CCI must ensure all provinces, particularly Sindh, are included in discussions about water management projects. Facilitate confidence-building measures between Punjab and Sindh. 2. Implementation of the 1991 Water Accord: Uphold clauses requiring mutual consent for projects affecting inter-provincial water shares. Ensure transparent water allocation, especially during seasonal variations. 3. Independent Assessment: Reference Notes Adv. Naveed Ahmed Visiting Faculty Commission third-party environmental and technical studies to evaluate the project's impact on Sindh and other provinces. 4. Balancing Interests: Encourage Punjab to modify the project design if necessary to address Sindh’s concerns. Prioritize equitable resource distribution for national unity and harmony. 5. Recommendations 1. Strengthening Water Monitoring: Install a reliable telemetry system to monitor water flows in real time, ensuring transparency in water distribution. 2. Integrated Water Policy: Develop a unified water policy that considers environmental, agricultural, and developmental needs across provinces. 3. Judicial Oversight: Engage the Supreme Court under Article 184(1) to interpret the 1991 Accord and ensure compliance. 4. Stakeholder Engagement: Involve local communities and experts in the decision-making process to foster trust and cooperation. 5. Environmental Safeguards: Implement measures to protect the Indus Delta and mitigate potential adverse effects on Sindh’s ecosystem. Conclusion The Greater Thal Canal Project-II represents a critical test for the CCI in managing inter- provincial disputes. While Punjab’s development needs are valid, Sindh’s apprehensions about water scarcity and ecological harm cannot be ignored. By fostering dialogue, enforcing legal frameworks, and prioritizing transparency, the CCI can navigate these challenges and promote equitable resource sharing, ensuring national integration and environmental sustainability.