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Can Mamata Banerjee hinder Ganges treaty renewal?

There is a fundamental difference between the Ganges treaty, signed almost 28 years ago, and the proposed Teesta agreement

Update : 03 Jul 2024, 09:30 AM

The signing of a Teesta agreement between India and Bangladesh has stalled for over a decade due to the opposition of West Bengal Chief Minister Mamata Banerjee. Now, as the two countries have announced formal talks to renew the historic Ganges Water Treaty, Mamata has written to Delhi, saying no agreement, whether on the Teesta or the Ganges, can be made by leaving out her state. 

She has firmly stated that there can be no compromise on the "interests of the people of West Bengal" in any agreement with Bangladesh.

This raises two questions: Is Mamata Banerjee now using the Ganges agreement as a political tool, similar to her stance on the Teesta? And if she intends to block the renewal of the treaty, how much authority does she really have as head of a state government in India?

It is important to note that there is a fundamental difference between the Ganges treaty, signed almost 28 years ago, and the proposed Teesta agreement. 

The former has been in effect for many years, with water sharing continuing in line with the agreement. 

However, despite a finalized draft, the Teesta agreement fell through and has seen no progress for the past 13 years. 

So could Mamata take her Teesta stance on the renewal of the Ganges treaty?

To find answers, this correspondent spoke with officials from India's Ministry of External Affairs, former senior diplomats, ex-top state government officials, researchers from think tanks and political analysts in Delhi.

Are Mamata’s claims valid?

Randhir Jaiswal, spokesperson for the Ministry of External Affairs, said an "internal" committee, which includes a representative from the West Bengal government, had been formed in India before bilateral talks on the treaty. 

This representative has regularly participated in committee meetings, according to Jaiswal.

He also mentioned that on April 5, the West Bengal government requested that the renewed agreement ensure sufficient drinking water and industrial water for the state. “The committee has since submitted its final report, which is under review by India's Ministry of Water Resources.”

Jaiswal’s statement indicates that the central government has considered and given due importance to West Bengal's opinion at every stage of the renewal discussions, and, in essence, suggests that Mamata’s claims are not accurate.

Sidestepping

Ardhendu Sen, former chief secretary of West Bengal, believes that the union government can proceed with the agreement's renewal, even if West Bengal objects. 

He, however, noted that it was customary in India to consult the relevant state in international matters affecting that state, although there were exceptions. 

When the Ganges treaty was signed in 1996, then-chief minister Jyoti Basu played a crucial role. 

Sen recalled that the situation was different at the time, with Basu's significant involvement being pivotal. “His finance minister Asim Kumar Dasgupta also played a major role in setting the water-sharing formula.”

"But now if the West Bengal government opposes the renewal, or if Mamata Banerjee takes a 'political stand' on this issue, I think the central government will also 'address' it politically,” said the former bureaucrat.

He mentioned that India's first prime minister, Jawaharlal Nehru, had transferred part of Berubari union to then East Pakistan despite West Bengal chief minister Bidhan Chandra Roy's strong opposition. 

Sen said Nehru had proceeded with the decision through a constitutional amendment in parliament, adding that the central government could take a similar approach with the Ganges treaty.

‘Ego’ issue

Smruti S Pattanaik, a research fellow at the Manohar Parrikar Institute for Defence Studies and Analyses, said she feared that Mamata might turn the Ganges treaty into an "ego" issue. 

Pattanaik noted that while agriculture and irrigation were state matters, an international agreement involving irrigation water could be politically opposed by the state concerned.

Given Mamata’s prolonged opposition to the Teesta agreement, Pattanaik said she would not be surprised if the West Bengal chief minister adopted a similar stance on the Ganges treaty.

‘Time-tested’ treaty

Meanwhile, a former senior Indian diplomat, on condition of anonymity, said he was confident that Mamata would not be able to significantly hinder the Ganges treaty renewal, adding that the Ganges treaty was "time-tested" and had been smoothly implemented for nearly three decades.

The diplomat noted that the renewal was more of a "technical extension" rather than a new agreement and that the initial treaty had the erstwhile West Bengal government’s full consent. 

Therefore, Mamata’s current objections held little weight, they said.

As is

Suvrokamal Dutta, a foreign policy expert close to the ruling Bharatiya Janata Party (BJP), also said he was confident that the Modi government would proceed with the renewal, despite any objections from Mamata. 

"Look, before renewal, both countries sit down at the negotiation table. Some things might need to be 'fine-tuned,' and some clauses of the agreement might need slight adjustments—that is all. But the issue has not appeared out of the blue for Mamata Banerjee (like with the Teesta) to say, 'What, I had no idea!'"

Even so, the union government was engaging in discussions with West Bengal and wanted to move forward with the latter’s input, Dutta said.

He said even if Mamata resisted the Ganges treaty, there was an easy way to overcome it. 

"If Mamata Banerjee becomes completely inflexible on the Ganges issue, we might see both countries extending the treaty in its current form for three or five years as an interim measure.

"In that case, Mamata Banerjee would have nothing to say because her government has adhered to the treaty in its current form for many years, and there would be no concerns over such an important international treaty being cancelled."

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