Rethinking the Indus Waters Utilisation: A Framework for Inter-State Water Equity

A proposal submitted to the Hon’ble Prime Minister and the Union Jal Shakti Minister urges bold legislative reform in light of Indus Waters Treaty’s suspension and the lingering SYL Canal dispute.

By Karan Bir Singh Sidhu, IAS (Retd.)
Former Special Chief Secretary, Punjab; Former Principal Secretary, Irrigation; and Independent Commentator on Public Policy

A Point of Inflexion in India’s Indus Waters Policy and Projects

The long-standing Sutlej-Yamuna Link (SYL) Canal dispute between Punjab and Haryana has remained one of the most contentious and politically charged inter-state issues in India’s post-independence history. For nearly four decades, the matter has swung between the judiciary, legislature, and executive, with no durable resolution. However, 2025 has brought a moment of extraordinary inflexion—both in terms of constitutional obligation and geopolitical opportunity.

The Government of India’s bold and unprecedented move to place the Indus Waters Treaty in abeyance—amidst shifting regional realities—has fundamentally changed the hydrological and legal landscape of northern India. It has also given rise to an opportunity of great strategic and ecological value: the chance to craft a new, nationally harmonised water-sharing framework that serves the long-term interests of both the Union and the States.

It is in this context that I have submitted a formal proposal to the Hon’ble Prime Minister of India and the Union Jal Shakti Minister, drawing upon my nearly 37 years of administrative experience in Punjab—including my tenure as Principal Secretary, Irrigation, and later as Special Chief Secretary. The letter outlines a multi-pronged policy and legal strategy, rooted in constitutional prudence, ecological realism, and administrative feasibility. I summarise the same for the perusal of our esteemed readers.

1. The Current Judicial and Political Setting

The Hon’ble Supreme Court is scheduled to hear the SYL matter on August 13, 2025. At its direction, the Union Jal Shakti Ministry has convened four rounds of talks between the Chief Ministers of Punjab and Haryana. Yet, the ongoing dialogue is still confined to pre-2025 assumptions that ignore the game-changing implications of the Indus Waters Treaty being placed in abeyance.

As matters stand, India is entitled to approximately 3 million acre-feet (MAF) of water annually from the Indus, Chenab, and Jhelum rivers. Due to persistent objections from Pakistan, much of this allocation has historically remained underutilised. But the Treaty’s suspension—and its likely abrogation—marks the dawn of a new era in water sovereignty.

2. Punjab’s Irrigation Legacy and Strategic Role

It must be recognised that the newly liberated waters of the western rivers cannot be optimally used within Jammu & Kashmir or Ladakh, due to natural and geographical constraints. Punjab, on the other hand, possesses a historic, integrated, and efficient irrigation infrastructure that is ideally placed to absorb and distribute the surplus.

These include:

• The Upper Bari Doab Canal (UBDC) network from the Ravi, which continues to irrigate the districts of Amritsar and Gurdaspur

• The Sirhind Canal system from the Sutlej, supporting central and southern Punjab

• The Bhakra-Beas project, comprising the Bhakra Mainline Canal, Narwana Branch, and a network reaching Haryana and Rajasthan

These British-era and post-independence systems were built with foresight and resilience—and they now offer India a ready-made route for effective downstream deployment of these waters.

3. Core Recommendations of the Proposal

The proposal submitted to the Centre outlines the following key actions:

• All additional water arising from the suspension or abrogation of the Indus Waters Treaty should be declared a national asset

• All supporting irrigation and hydro-electric projects should be designated as national projects, to be centrally funded and executed either by the States or, where necessary, by Central agencies

• The Attorney General or Solicitor General should be instructed to appear before the Supreme Court on August 13, 2025 and request that, in light of the radically altered water availability, the SYL matter be adjourned sine die to allow the Government of India to craft a holistic and future-ready policy framework

4. Call for a Comprehensive Central Legislation

A key pillar of the proposal is the enactment of a comprehensive central statute that:

• Overrides outdated tribunal awards—including the Eradi Tribunal Award

• Supersedes court decrees and State laws that impede expeditious implementation (such as the Supreme Court decree in the SYL case)

• Replaces piecemeal agreements and fragmented jurisprudence with a unified, national framework governing water-sharing from the Indus Basin

This modern framework must not only resolve legacy disputes but also anticipate environmental shifts such as shrinking Himalayan glaciers and fluctuating river flows. The eastern tributaries, over which India already has absolute rights, offer further possibilities of rational redistribution and integrated basin development.

5. A 21st Century Policy Imperative

This is a moment for the Union Government to rise above past precedents and regional compulsions. A refreshed national legal architecture—free of colonial-era inertia and jurisdictional clutter—can help build water resilience across northern India, including Punjab, Haryana, Jammu & Kashmir, and beyond.

Such a framework must be:

• Constitutionally coherent

• Ecologically sustainable

• Geopolitically sovereign

• Federally just

Looking Ahead

India stands at a defining juncture in water policy. The abeyance of the Indus Waters Treaty offers not just a legal opening, but a civilisational opportunity to reclaim control over our waters and distribute them equitably across the Republic.

The Government of India’s s continued leadership and foresight, under the stewardship of Prime Minister Narendra Modi, can ensure that this transition is not just bold but also balanced—ensuring both inter-state fairness and long-term national security.

I also submitted that I remain available to further assist in this endeavour in a purely honorary and consultative capacity.