Irsa controversy

THE Indus River System Authority is again in the spotlight. Following in the footsteps of the previous caretaker government, the present regime is also, most painstakingly, working on amending the Irsa Act, 1992. The caretaker government managed an ordinance to amend the Act in February 2024. Former president Arif Alvi declined to sign off on the ordinance and issued a note of objection. However, it became a constitutional fait accompli after the Prime Minister’s Office resubmitted it. Subsequently, its proponents managed to get a former Wapda chairman, known to be a staunch advocate of the controversial proposed Kalabagh dam, notified as the new Irsa chairman. However, the ensuing political maelstrom compelled the PM’s Office to rescind the notification and eventually the ordinance was buried without being promulgated.
The contentious amendment was resurrected recently when a meeting was held at the President’s Office on July 8. According to the minutes of the meeting, officials of the Green Pakistan Initiative (GPI) appri­sed the president of the necessity of an ame­­ndment to the existing Irsa Act, and this was endorsed by the president. This time, a more dubious draft of the amendment was pushed through the Irsa chairman’s office. The draft aims to deface the federal character of Irsa by making the latter a centrally controlled body, fully subservient to a chairman to be handpicked by the PM.
The proposed chairman, a Grade-21 serving or retired officer of the federal government, has been given monarchist powers to co-opt more members and create an Independent Committee of Experts. Section 8 of the proposed amendment authorises the independent experts’ committee to lay down the technical basis for regulation and distribution of surface water. This clause has set off alarm bells as it renders Irsa’s provincial members redundant and reduced to a rubber stamp. Water allocation on a 10-day basis for every single canal has already been established under the 1991 Water Apportionment Accord. Any new technical basis for water distribution by a handpicked experts’ committee will render the Accord ineffective. Article 7 of the proposed amendment further limits the role of the provincial members by stipulating that all decisions involving technical matters shall be taken after seeking necessary technical assistance from the experts’ committee.
Constitutionally, Irsa is a subject of the Council of Common Interests under the Federal Legislative List. Under Article 155 of the Constitution, the CCI decides on water-related disputes. Hence matters pertaining to Irsa come within the CCI’s purview; no other office, including the presidency, has jurisdiction over its affairs. However, those eager to bring Irsa under their grip have circumvented the constitutional forum and attempted to meddle with the regulatory body through the country’s highest office.
The proposed amendment has stirred a strong reaction in Sindh from political parties, growers’ associations, civil society and media. The proposed amendment is being seen as an attempt to make Irsa an Islamabad-controlled body with mere token representation by the provinces.
A marathon session of the Sindh Assembly unanimously adopted a resolution against the anticipated amendment. The resolution considers it against the democratic spirit of federalism, which will not make the amendment acceptable to the people of Sindh. Lawmakers criticised the amendment, which is aimed at controlling Irsa and thus tampering with water distribution. Recently, PPP MNAs Khursheed Shah, Naveed Qamar, Ghulam Ali Talpur and Mah­tab Rashdi, speaking in the Natio­nal Asse­mbly, questioned the proposed Irsa amendment and the rationale behind the plan to irrigate millions of acres of barren land under the GPI. They asked about the availability of water for the massive ploughing.
Replying to a question, Minister for Water Resources Musadik Malik confirmed that 812,000 acres of land have been acquired so far to bring barren land under cultivation in Punjab and Sindh. The GPI is pursuing an ambitious plan of corporate farming over large parcels of hitherto barren land. While national food security and the export of grain are important objectives, it also requires water, not just land.
Under the present arrangement, all the available water is committed. Except when there is a very wet monsoon, water shortages in the river basin often trigger conflicts between the upper and lower riparian. Pakistan can enhance grain productivity by employing improved water management technologies, opting for water-thrifty crops, planting new varieties, curbing spurious seeds and agri inputs and adopting climate-sensitive agriculture practices. The GPI should focus on non-divisive options to increase crop and water productivity.
The writer is a civil society professional.
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Published in Dawn, September 16th, 2024