Irsa law changes

Published September 8, 2024

THE proposed controversial changes to the Irsa law, which aim to restructure the water regulator, will significantly alter its democratic, federal character, and may even intensify interprovincial disputes over Indus water distribution under the Water Apportionment Accord, 1991. The draft amendments to the Irsa Act represent the third attempt to curtail provincial powers in water-sharing policymaking matters in the past year. The first move was initiated by the caretaker setup through an ordinance which the previous president, Arif Alvi, rejected. The second attempt to enhance federal control over Irsa was made by Prime Minister Shehbaz Sharif through the appointment of a retired bureaucrat as its chairman immediately after the formation of his government. The decision, however, was reversed because of stiff opposition from the Sindh government. PPP’s Naveed Qamar had at that time called out the premier for issuing what he termed a “very serious, illegal and unconstitutional” order to, intentionally or unintentionally, attempt to use the infructuous ordinance to “usurp” the rights of the provinces through the appointment of the Irsa chief. “... If we start encroaching upon the rights of the provinces, how do we function as a federation?” he had asked. There are speculations that the powers that be have made President Asif Zardari and his party change their stance on the issue and back the controversial amendments.

That Irsa amendments have attracted widespread opposition from farmers, writers and activists from Sindh was expected. The Sindh Abadgar Ittehad (SAI) has already announced a protest against the proposed changes, saying these would undermine the powers of the provinces, give the federal government dictatorial powers in matters related to water distribution in the country, and damage the interprovincial consensus on the water accord. Many allege that the move aims to divert a portion of Indus waters for corporate farming in Punjab through the construction of dams and canals under the Green Initiative project, which might reduce Sindh’s share. Some are accusing Punjab of openly seizing Sindh’s water resources. This does not augur well for the federation or for interprovincial harmony. It would be advisable for the government to elicit public opinion on the changes and address the concerns of the people of Sindh before moving ahead with the planned alterations in the law. Or else, risk more friction within the weakening federal framework.

Published in Dawn, September 8th, 2024

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