India News | Dam Safety Act Enacted for Safety, in Consonance with Constitution: Jal Sakthi Ministry Tells HC

Chennai, Mar 10 (PTI) The Union Ministry of Jal sakthi on Thursday informed the Madras High Court that the Dam Safety Act enacted in 2021 was to ensure the safety of the properties and the lives of the people across the country and that it was in consonance with the provisions of the Constitution.

This was stated in the counter filed before the first bench of Chief Justice M N Bhandari and Justice D Bharatha Chakravarthy in response to a PIL petition from the Mayiladuthurai Lok Sabha DMK MP D Ramalingam, filed recently.

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In its counter affidavit filed today, the Jal Sakthi Ministry submitted that the Act was enacted by the Parliament on the basis of the recommendations of the Standing Committee on Water Resources during 2010-11.

The Parliament enacted the act within the constitutional framework. It was not violative of Articles 246(3), 14, 19 and 21 and the basic feature of the Constitution, as alleged by the petitioner.

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The Act has stipulated guidelines for the safety of the specified dams in the country. It is not restricted to a particular river, project or a dam.

It has far reaching implications for the dams across the length and breadth of the country. Majority of the dams in the country are across the interstate rivers and their safety is crucial for the safety of the property and the lives in not only the States concerned, but also in the States located downstream.

"In view of the constitutional position and the fact that the issue of dam safety is of pan-India interest and concern, it is imperative for the Parliament to act within its legislative competence to legislate on the subject of dam safety," the counter added and sought the dismissal of the PIL petition. The PIL petition had sought to declare the Dams Safety Act (Act 41 of 2021), as null and void.

Another DMK MP and senior advocate P Wilson had contended that the Parliament had no competence to legislate laws on List II entry 17 and it was hit by the doctrine of co-operative federalism. He prayed for a direction to Additional Solicitor General R Sankaranarayanan, to instruct the Union govt not to constitute any authority under the new Act, which was notified on December 14, last year.

Wilson contended that the impugned Act, hit by Article 246(3), was ex-facie unconstitutional and ultra vires of the Constitution, as the Parliament lacked legislative competence to enact the same, as the subject matter was in the State's domain. The Act had the effect of taking control over all major dams in the state.

The Union government was taking steps to constitute National Committee on Dam Safety and National Dam Safety Authority, whereupon the states would be completely deprived of the control over dams located inside and outside those covered under the Act, he had argued. PTI CORR

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)