JUDGMENT :

The following is the opinion of the Court:

Anil R. Dave, J. - By a Reference dated 22nd July, 2004, Hon'ble the President of India made a request for an advisory opinion to this Court under Article 143 (1) of the Constitution of India, in relation to enactment of the Punjab Termination of Agreement Act, 2004 (hereinafter referred to as "the Punjab Act") by the State of Punjab.

2. The text of the Reference referred to for the consideration & opinion of this Court is as follows:-

"WHERAS the Indus Basin comprises the rivers Indus, Jhelum, Chenab, Ravi, Beas and Sutlej;

WHEREAS the Indus Water Treaty 1960 was entered into between the Governments of India and Pakistan on 19th September, 1960, under which India is entitled to the free, unrestricted use of the waters of the Ravi, Beas and Sutlej till they finally cross into Pakistan;

WHEREAS while at the time of signing the said treaty, the waters of Sutlej had already been planned to be utilised for the Bhakra-Nangal Project, the surplus flow of rivers Ravi and Beas, over and above the pre-partition use, was allocated by the Agreeme