Punjab cannot seek Canal water charges from Rajasthan without amending the law: Expert
Babushahi Bureau
Chandigarh, March 23, 2026: Amid Punjab Chief Minister Bhagwant Mann’s recent statement on recovering canal water dues from Rajasthan, legal experts have raised serious questions over the feasibility of such a move under existing laws.
The issue gained momentum after the Chief Minister asserted that Rajasthan owes Punjab nearly ₹1.44 lakh crore in pending water dues, claiming that payments stopped after the Indus Waters Treaty. He also indicated that Punjab could approach the courts if the dues are not cleared.
However, legal expert Gurpreet Singh Mandyani has argued that Punjab’s demand may not hold legal ground unless key provisions of the Punjab Reorganisation Act, 1966 are revisited.
According to Mandyani, Sections 78 and 79 of the Act grant Rajasthan and Haryana a defined share in Punjab’s river waters and the electricity generated from them. This effectively makes these states stakeholders rather than consumers, weakening Punjab’s argument for charging them for water usage.
He explained that Rajasthan’s earlier payments to Punjab were made at a time when it did not have a formal share in the river waters. However, after the reorganisation of Punjab in 1966, Rajasthan became a partner in these resources, making the earlier arrangement no longer applicable.
Mandyani further pointed out that under the Constitution, the Centre cannot directly legislate on inter-state river waters but can facilitate dispute resolution through tribunals. In this context, unless the existing provisions governing water-sharing are amended or repealed, Punjab may find it difficult to sustain its claim legally.
Drawing an analogy, he said that once a party becomes a co-owner of a resource, the question of paying usage charges does not arise in the same manner as before. Similarly, Rajasthan’s share in Punjab’s water resources means it is entitled to use its portion without payment under current legal provisions.
The matter also traces back to a 2016 resolution passed by the Punjab Vidhan Sabha, which called for recovery of dues from neighbouring states, including Rajasthan and Haryana. While the demand may carry political weight and appeal from a fairness perspective, experts believe it lacks legal backing in its present form.
Experts suggest that if Punjab intends to pursue the matter, it would first need to challenge or amend Sections 78 and 79 of the Act, which define the water-sharing arrangement. Without addressing this legal framework, any claim for dues may face hurdles in court.