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Supreme Court finally settles Himachal Pradesh's 30-year claim over Bhakra-Beas hydel power

Supreme Court of India1 min readPublished
Illustration: Supreme Court of India

Deciding an Original Suit filed in 1996 under Article 131 of the Constitution, which gives the Supreme Court exclusive original jurisdiction over disputes between the Union and the States, a three-judge Bench led by the Chief Justice brought to a close Himachal Pradesh's claim to a share in the power generated by the Bhakra-Nangal and Beas hydel projects. The projects submerged tens of thousands of acres of land that is now part of Himachal Pradesh, but their power was enjoyed by the composite State of Punjab and, after the 1966 reorganisation under the Punjab Reorganisation Act, 1966, by Punjab, Haryana and the Union Territory of Chandigarh. Section 78 of the 1966 Act apportioned the erstwhile Punjab's rights and liabilities in the two projects among the successor States, and in 2011 the Court had already decreed Himachal Pradesh's entitlement at 7.19% of the power generated.

The dispute that followed concerned how that decree was to be implemented. The Court has now fixed the energy arrears due to Himachal Pradesh at 13,066 million units, to be supplied by Punjab and Haryana over 20 lean seasons, after adjusting the State's own Rs. 420.77 crore share of the two projects' capital cost against part of those arrears. The directions, the Court held, are binding and must be implemented without reservation, bringing a three-decade-old suit to a final quietus.

Quick check
Which provision of the Constitution gave the Supreme Court jurisdiction to decide the original suit between Himachal Pradesh and the Union of India over hydel power?
  1. Article 131, giving the Supreme Court exclusive original jurisdiction over disputes between the Union and a State, or between States
  2. Article 32, the right to move the Supreme Court for enforcement of fundamental rights
  3. Article 136, the Supreme Court's discretionary power to grant special leave to appeal
  4. Article 143, the President's power to seek the Supreme Court's advisory opinion
Show the answer ↓

Answer: A. The proceeding was an Original Suit, which can only be instituted under this provision; it is the Constitution's dedicated forum for Centre-State and inter-State disputes, distinct from the Court's appellate, writ or advisory jurisdiction under the other options.

Source document

Issued by Supreme Court of India. If this summary and the source differ, the source is right — tell us and we will correct it.

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