Inter-Dominion Agreement – 1948 / Introduction

Introduction

Stoppage of Canal Water 

On 1st April, 1948, within a brief period of eight months from partition, the Radcliffe Boundary Award started soaring bilateral relations between India and Pakistan, when the provincial government of East Punjab, unilaterally, stopped the flow of irrigation water coming from the headworks that fell under its control to West Punjab and laid the foundation of a long-drawn water dispute between two newly independent countries. The East Punjab action reflected inherent flaws in the demarcation of Punjab boundary, as it kept headworks in East Punjab and canals and land to be irrigated in west Punjab. The East Punjab implemented its decision without consulting the central government of India, as irrigation was a provincial subject. The central government of India not only accepted the action of Punjab government but took little remedial measures to address the worries associated with adequate water supply to Pakistan. 

Despite the availability of substantial political, diplomatic, and technical expertise, these resources were squandered in open confrontation, failing to build mutual confidence between the two emerging nations. The lack of collaboration prevented the effective use of bilateral and multilateral tools, resulting in a prolonged stalemate. The impasse carried the risk of escalating military tensions and intensifying competition over water resources, jeopardizing the ability of both states to meet their future food and development needs within the divided Indus Basin. Further, the Indian behavior promoted deep sense of fear and self-defense among the minds of the people and policy makers of Pakistan. 

1st April action by East Punjab government was rooted in the concept of “sovereignty” whereas the position of West Punjab was dwelled into the principle of “historic usage”. Formation of two sovereign states, encouraged the province of East Punjab, to stem the flow of water being upper riparian, without considering the actual needs of lower riparian state. The cessation of water flow from East Punjab, directly affected 10% (1.5 million acres) of cultivated land in perennial “Bari Doab” canal command area in the districts of Lahore and Sheikhupura. The part of Sutlej valley situated in Pakistan was the second most affected region by the Indian decision. In total, approximately, 6% of the entire irrigated area, at the time of Kharif sowing season, was affected by the decision of East Punjab in Pakistan.

Whereas, Government of East Punjab confirmed that under the Punjab Partition (Apportionment of Assets and Liabilities) Order, 1947, and the Arbitral Award, the proprietary rights in the waters of the rivers in East Punjab vest wholly in the East Punjab Government and that West Punjab Government cannot claim any share of these waters as a right. According to the minutes of Inter-Dominion Conference, West Punjab government accepted the agreement and expressed reservations only about the right to levy seigniorage charges for water and capital cost of Madhopur Headworks and associated channels26. 

Pakistan launched a wave of political, diplomatic and administrative engagements with East Punjab and central government of India against the decision of cessation of canal waters to west Punjab. Some signs of initiation administrative understanding and common concerns, Irrigation Secretary of East Punjab on 29 March 1948 reminded his counterpart in West Punjab, through a telegram, to hold the next session of consultations to renew the two-standstill agreement, the Chief Engineer West Punjab, next day, requested through telegraphic message to extend the validity of two agreements and announce a date for next consultations. 

On 1st April, the government of East Punjab, India closed water supply from UBDC and Ferozepure headworks to west Punjab, Pakistan. Mr. E.L. Protheroe, Chief Engineer Irrigation, West Punjab, Pakistan sent an urgent telegraphic message to his counterpart, Sardar Sarup Singh and enquired that “have you stopped supplies to the Central Bari Doab Canal and Sutlej Valley Canals” and also requested him to extend the period of standstill agreements pending the next joint meeting. In response, he regretted the decision of East Punjab to stop water without “good” cause and further stated that the boundary issues fell within the purview of the central government, therefore, the issue may be discussed at “dominion” level. 

Prime Minister of Pakistan Liaquat Ali Khan telegrammed Indian Prime Minister Pandit Nehru to intervene and restore water supply in Upper Bari Doab Canal (perennial) and Depalpur Canal (seasonal) originating in East Punjab serve districts in both East and West Punjab. Pakistani Prime Minister stated that the East Punjab government had stopped water supply on 1st April to West 

Punjab through both canals, citing the expiration of a three-month agreement. The Pakistani Prime Minister called the question of renewal of the two standstill agreements as “incidental matter.”

VI. On 16 April, in the face of strong reaction from Pakistan, the Indian Prime Minister Pandit Jawaharlal Nehru (1889-1964) responded in a telegraphic message that “a conference is now scheduled between two Chief Engineers to consider this problem, I trust a satisfactory solution will be reached.” 

VII. On 18 April, the two Chief Engineers of Punjabs met in Simla, and renewed the two expired standstill agreements, which were to take effect from the date of their ratification by the leadership of two Dominions.29 

VIII. On 24 April, Prime Minister of Pakistan Liaquat Ali Khan, in a telegraphic message to Indian Prime Minister Nehru, emphasized that West Punjab: 

  1. Lands should continue to receive similar amount of irrigation, as stipulated before partition. 
  2. Has inherent and prescriptive rights to obtain water. 
  3. Will hold East Punjab liable for any loss or damage to its people. 

IX. On 30th April, a day before convening Inter-Dominion Conference (IDC) in Delhi, Prime Minister Nehru, as a goodwill gesture, advised Gopichand Bharghava (1889-1966), Chief Minister of East Punjab, to immediately restore “interim water supply” to west Punjab, as water stoppage was an” inhuman” act. He further stated that cessation of water would have serious consequences both for food production and perception of India internationally.31 The East Punjab government, on instructions of the Indian Prime Minister, restored water supplies to UBDC and Diplapur canal, subject to any variation to be made to two standstill agreements, before participating in Inter-Dominion Conference scheduled to be held from 1-3 May, 1948 in Delhi. 

X. Governor of West Punjab also reiterated the request of restoration of water to west Punjab and specifically mentioned in his letter that West Punjab had agreed to pay 43% of the cost of UBDC and 69% of Ferozepure Headworks for Depalpur canal operations.32The West Punjab government approached the East Punjab government and appealed to continue uninterrupted supply of water, as before partition, as a token of our friendliness, otherwise, food production would be affected and cause great and unnecessary distress. West Punjab also recognized the need for an agreement and expressed hope that the leadership of the center and provincial governments would address the matter very soon.