The Province 2 government has taken the federal government to the Supreme Court (SC) accusing it of violating the rights of provincial government by bringing irrigation related programs.
"We have rights for irrigation and hence have brought programs accordingly," Physical Infrastructure Development Minister of the province Jitendra Sonal told Setopati. "But the federal government has now announced parallel programs in a way that violates our rights."
Minister Sonal has lodged the petition naming the federal government, the Office of the Prime Minister and Council of Ministers, Department of Water Resources and Irrigation, and Prosperous Tarai Madhesh Irrigation Special Program as defendants.
Schedule-5 of the Constitution lists central level irrigation projects among federal powers/jurisdiction while Schedule-6 mentions provincial irrigation projects among provincial powers/jurisdiction leading to lack of clarity of actual jurisdiction in irrigation.
The provincial government claims that the federal ministry and department concerned have unilaterally brought parallel programs through secretary level decision without informing or coordination with the provincial government when the provincial government is constructing operating and managing shallow and deep tube wells that the federal government has failed to complete.
Attorney General of Province 2 Deependra Jha has posted on the social media that Minister Sonal has moved the SC on behalf of the provincial government claiming that the federal government has been operating programs related to provincial jurisdiction, and interfering in physical resources and means violating the Constitution.
