Inter-Dominion Agreement – 1948

Inter-Dominions Conference, 1-3 May, 1948, Delhi, 

The Delegation for Inter-Dominions Conference held from 1-3 May, 1948 in Delhi, Pakistan, instead of representing by the Prime Minister, headed by Malik Ghulam Muhammad (1895–1956), Finance Minister, accompanied by two senior ministers from west Punjab including Shaukat Hayat Khan (1915-1998) and Mumtaz Daultana(1916-1995) to negotiate the canal water dispute with India. The composition of the Pakistani delegation exhibited a lowering down the representational level for IDC-Delhi. Whereas, Prime Minister Nehru, represented India along with East Punjab Irrigation Minister Sardar Swarn Singh (1907-1994) and Narhar Vishnu Gadgil (1896-1966), Minister for Public Works and Rehabilitation, assisted by Gopalsawami Ayyangar(1882-1953) and Dr Bhimrao Ramji Ambedkar (1891-1956). East Punjab, maintained their position and insisted on recognizing their “sovereign rights” as well as acknowledgement of West Punjab that it had “no right” to the waters of three eastern rivers. India categorically refused to release water to west Punjab unless accepted the two narrated conditions. N.V.Gadgil proposed Pakistan to make alternate water supply arrangements as India intended to reduce water flow in future to irrigate its own barren lands. He offered a five-year grace period to Pakistan for making necessary alternate water arrangements. 

Malik Ghulam Mhummad highlighted the critical issue of riparian rights, stressing that stopping water would harm the economy and food supply of West Punjab. Malik Ghulam Mohammed expressed regret over the uncompromising legal interpretation of Dr. B.R.Ambedkar and insisted on signing a “provisional agreement” without prejudice to legal claims. On deepening of negotiation impasse, Lord Mountbatten, Governor General, on request, intervened after consulting with Jawaharlal Nehru, and India tabled a draft “statement” before the Pakistani delegation, demanding that for the restoration of the flow of water, they have to sign the “draft statement” without changing “a word or comma.” 

The inflexible Indian position of “sovereign rights” on canal water created serious impediments for Pakistan to continue negotiations to a fruitful end. To address the India position Pakistan offered to refer the matter of sovereign right to the International Court of Justice (ICJ) for adjudication. Prime Minister Nehru categorically opposed the Pakistani idea and stated that “To think, ab initio, of a third party will lessen the sense of responsibility of the judges and will also be a confession of our continued dependence on others. This would hardly be becoming of a proud and self-respecting independent nation” thus set aside a genuine need of legal interpretation to emotional national pride. 

Whereas, Sardar Vallabhai Patel (1875-1950), in a letter (dated 25 February, 1950) addressed to Pandit Nehru opined that Pakistan wanted to make canal water a complicated case by proposing to take the matter to ICJ, therefore, if at all a choice has to be made, I would rather have arbitration than the International Court of Justice. In regard to the former, at least we shall have our own man on the bench who might influence the arbitrator by his learning and grasp of matters, as was the case recently in regard to the Bagge Tribunal; once we submit the case to the International Court of Justice, we just become helpless.

The outcome of Inter-Dominion Conference is summarized herewith that: 

a. India agreed to: 

● Restore canal water supplies to West Punjab (Pakistan) for a “certain period”.( extent of period not specified) 

● Progressively reduce supply of water to West Punjab, allowing Pakistan to explore alternative water sources to replace the supply. 

The amount of canal water to be released from UBDC, calculated during the IDC-Delhi, from East Punjab, India to West Punjab, Pakistan was as followings: 

	Canal	RD Point	CUSEC
1	Lahore Branch	RD.197630	623.0
2	Main Branch Lower	RD.250563	1382.0
3	Pull Disty.	RD.74595	24.0
4	Rai Minor of Pull Disty.	RD.22916	16.0
5	Kohali Disty.	RD.67245	52.0
6	Khalra Disty.	RD.26900	17.0
7	Buchar Khana Dist	RD.15705	363.0
	TOTAL		2,477