‘Centre finalising Cauvery scheme’

‘Centre finalising Cauvery scheme’

Precedent of Krishna Water Disputes Tribunal-1

There was also a precedent of the decision of the Krishna Water Disputes Tribunal–I being implemented without any mechanism (The order of this Tribunal, popularly called Bachawat Award, was published in the gazette in May 1976)

Implementation mechanisms available

Two models — the Bhakra Beas Management Board (BBMB) and the Narmada Control Authority (NCA)

BBMB

Under the BBMB, assets including dams were being operated and maintained by the Board.

NCA

In the case of the NCA, operation and maintenance of the assets were with States concerned —Madhya Pradesh and Gujarat — and the Authority’s role was limited to regulatory work and control over the release of water so that “everybody gets his share of water.

Bifurcation and blame(The Hindu Opinion)

Not mentioned in the Constitution

The Finance Commission, which was formed under Article 280 of the Constitution, has no business to make any recommendations on the issue of categorisation of States into the “special category” and “non-special category”.

The Question now

Did it really make such a recommendation as alleged, or has the FFC simply been made a fall guy as it no longer exists?

NDC/Planning Commission

• The status was accorded to some States by the National Development Council on the recommendation of the erstwhile Planning Commission on the basis of five important criteria, namely, hilly and difficult terrain; low population density and/or sizeable share of tribal population; strategic location along borders with neighbouring countries; economic and infrastructural backwardness; and non-viable nature of State finances.

An executive decision

There are asymmetric arrangements laid down in the Constitution, such as Article 370 for Jammu and Kashmir, and in Articles 371A to H for the States in the Northeast, and even these are under the “temporary, transitional and special provisions” (Part XXI).

Ruling political parties to blame

• Asymmetric arrangements on discretionary and political grounds will only weaken the fabric of federalism
• All ruling political parties are guilty of misdemeanour.

Summary

• Thus, nowhere has the FFC referred to the issue of desirability or of according special category status in its report
• Therefore, attributing blame to the FFC for the inability to accord special category status is clearly misleading
• The decision to give and not accord special category status in the past was taken by the erstwhile National Development Council on the recommendation of the Planning Commission based on aforementioned factors and this was entirely an executive decision
• Neither the Constitution nor the FFC have had anything to do with this.