Dam Safety Bill passed in Rajya Sabha amid resistence: Key points to know

Two years after the Lok Sabha approved it, the Dam Safety Bill, 2019 was finally passed by the Rajya Sabha on Thursday despite opposition from a handful of MPs.

The bill seeks to provide for the surveillance, inspection, operation and maintenance of specified dams for the prevention of dam failure-related disasters and an institutional mechanism to ensure their safe functioning, and related matters.

Some states have asserted that water is a state subject and the passing of the bill usurps their rights. Tamil Nadu Chief Minister M K Stalin even described the passing of the bill as an act of authoritarianism. Some have argued that the legislation is also unconstitutional.

Here's a lowdown on what the Dam Safety Bill mandates and how it was passed in Parliament.

What is the Bill all about?

The Dam Safety Bill, 2019 calls for the creation of two bodies at the national and state level for assessing dam conditions.

The National Committee on Dam Safety (NCDS) will help in forming policies and recommending regulations regarding dam safety standards while the National Dam Safety Authority (NDSA) will implement the policies and provide technical assistance to state bodies.

The State Committee on Dam Safety (SCDS) and the State Dam Safety Organisation (SDSO) will have similar roles to that of national bodies but with jurisdiction restricted to their respective states.

About 18 states and several dam-owning organisations already have Dam Safety Organisations (DSOs), like Damodar Valley Corporation and Kerala State Electricity Board.

The Bill will apply to all dams that are above 15 metres in height and those between 10 and 15 metres in height that satisfy certain conditions.

Why was it necessitated?

Data as on June 2019 showed that India has 5,745 large dams (includes dams under construction). Of these, 5,675 large dams are operated by states, 40 by central public sector undertakings and five by private agencies. While 293 dams are more than 100 years old, 1,041 are between 50 to 100 years old.

According to a report by The Print, the Central Water Commission (CWC) noted that the safety of India's ageing dams "is important for safeguarding huge public investment in critical physical infrastructure, as well as for ensuring continuity of benefits derived from dam projects and national water security”.

The Bill was also necessary given India's emerging water crisis, growing population and climate change, the report added quoting a CWC note.

Is it constitutionally valid?

Yes, it is. According to PRS Legislative, "under Article 252, Parliament can legislate on a state subject if two or more states pass a resolution requesting the legislature to make laws". Two states — Andhra Pradesh and West Bengal — had moved a resolution for requiring a law on dam safety back in 2007, the report added.

Union Water Resources Minister Gajendra Singh Shekhawat, while replying to a query on the constitutional validity of the Bill quoted the Solicitor General, who opined that the Centre could bring such legislation under Article 246 of the Constitution read with Entry 56 and Entry 97 Of List I in the Union list.

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