INDUS WATERS TREATY

India to hold the 1960 Indus Waters Treaty with Pakistan “in abeyance with immediate effect”, Foreign Secretary Vikram Misri announced. It is part of the five-pronged response.

Indus Waters Treaty (IWT)

• Signed: September 19, 1960, in Karachi after 9 years of negotiations.
• Parties: India & Pakistan; brokered by the World Bank.
• The treaty was signed by Mohammad Ayub Khan of Pakistan, Jawaharlal Nehru, and W.A.B. Iliff of the World Bank and is effective from April 1, 1960.
• Contents: 12 Articles + 8 Annexures (A–H).
• River Allocation:
  • Eastern Rivers (Sutlej, Beas, Ravi) → India: Unrestricted use.
  • Western Rivers (Indus, Jhelum, Chenab) → Pakistan; India allowed limited use (e.g., irrigation, hydroelectric projects).

India’s Recent Move to Suspend the IWT

• Implication:
  • India can stop sharing hydrological data with Pakistan.
  • No design/operational restrictions on use of Western rivers.
  • India can construct storage projects, flush reservoirs, and block site visits.
• Projects in Focus (both in Jammu and Kashmir):
  • Kishenganga HEP (Jhelum tributary).
  • Ratle HEP (Chenab).

Legal Constraints & Dispute Mechanism

• No exit clause in the IWT – can’t be unilaterally revoked.
• No expiry date; can only be modified with mutual consent (Article XII).
• Dispute resolution (Article IX + Annexures F & G):
  • 3-tiered: Permanent Indus Commission → Neutral Expert → Arbitration Panel.
  • Level 1: “Questions” are handled by the Permanent Indus Commission;
  • Level 2: “Differences” are to be resolved by a Neutral Expert (appointed by the World Bank)
  • Level 3: “Disputes” are referred to an ad hoc arbitral tribunal called the “Court of Arbitration.”
• Pakistan’s legal limitations:
  • Can’t approach ICJ (barred under India’s ICJ statute reservation).

 Notices & Escalations

• Jan 2023: India issues notice to Pakistan for modification of Treaty citing non-compliance.
• Sept 2024: Second notice signals intent to review/re-negotiate the Treaty.
• Clause used: Article XII(3) – Treaty can be modified via another ratified treaty.

Neutral Expert Involvement (2022–2024)

• Appointed by World Bank: Michel Lino.
• Pakistan: Claimed the issues don’t fall under Neutral Expert’s scope.
• India: Asserted design issues fall under Annexure F, urging expert adjudication.
• Diplomatic Win for India: The decision by the Neutral Expert aligns with India’s position that such disputes should be resolved through the Neutral Expert process, as opposed to the Court of Arbitration (CoA), which Pakistan had sought.