When the issue of appointment of Bhakra Beas Management Board (BBMB) members is heating up in Punjab, it has come out that the Dam Safety Act, 2021, which was passed by the Lok Sabha on August 2, 2019, and Rajya Sabha on December 2, 2021, through which two central bodies and two state bodies were created for surveillance, inspection, operation and maintenance of all specified dams across the country, pertained not only to inter-state river dams but also to intra-state river dams which two central bodies and two state bodies were created for surveillance, inspection, operation andmaintenance of all specified dams across the country, pertained not only to inter-state river dams but also to intra-state river dams.
JALANDHAR: When the issue of appointment of Bhakra Beas Management Board(BBMB) members is heating up in Punjab on December 2, 2021, through which two central bodies and two state bodies were created for surveillance, inspection, operation, and maintenance of all specified dams across the country, it pertained not only to inter-state river dams but also to intra-state river dams. As per the Constitution, states can make laws on water, including water storage and water power. However, Parliament may regulate and develop interstate river valleys if it deems it necessary in the public interest. The question is whether Parliament has the jurisdiction to regulate dams on rivers flowing entirely within a state,” PRS Legislative Research noted in its analysis.
The Act created the National Committee on Dam Safety, National Dam Safety Authority, and two state level bodies — State Committee on Dam Safety and the State Dam Safety Organisation.
Citing National Register of Large Dams, 2019, maintained by the Central Dam Safety Organisation, it cited that out of the 5,745 large dams (including those under construction) in the country, 5,675 were being operated by states, 40 by central public sector undertakings and five by private agencies.
“This includes dams on both inter- and intra-state rivers. The question is whether Parliament has the jurisdiction to frame a law on intra-state dams,” PRS analysis added.
“As per Entry 17 of the State List, states can make laws on water supply, irrigation and canals, drainage and embankments, water storage and water power, subject to Entry 56 of the Union List. Entry 56 of the Union List allows Parliament to make laws on the regulation of inter-state rivers and river valleys if it declares such regulation to be expedient in the public interest. The Bill declares it expedient in public interest for the Union to regulate a uniform dam safety procedure for all specified dams,” it claimed.
Jurisdiction to frame a law for dams on rivers where the river and its valley are entirely within the state,” it further pointed out on the issue. It also noted that the Dam Safety Bill, 2010, was introduced in Lok Sabha under Article 252 of the Indian Constitution Article allows Parliament to make laws on subjects in the State List if two or more states pass resolutions requiring such law, and the law applies only to those states
Stating that the functions of National Committee on Dam Safety, National Dam Safety Authority and State Committee on Dam Safety are listed in Schedules to the Bill, the PRS analysis also pointed out: “These Schedules can be amended through notification. This implies that the core functions of these bodies can be changed by the government through notification without prior amendment of the Act by Parliament. The question is whether the Bill should require an amendment by Parliament to change the core functions of such bodies.”