India on Monday rejected a ruling issued by a World Bank-constituted Court of Arbitration on the Indus Waters Treaty, calling the body “illegally constituted” and asserting that its decision to keep the treaty in abeyance remains unchanged.
The Ministry of External Affairs (MEA) issued a strong response shortly after the arbitration panel said the Indus Waters Treaty was still in force and asked India to restrict work on a hydroelectric project in Jammu and Kashmir.
The panel said India’s reasons for putting the treaty in abeyance did not justify suspending or terminating the agreement. It maintained that the treaty should remain fully operational and that India must continue to fulfil its obligations.
India, however, rejected both the ruling and the authority of the Court of Arbitration.
“Today, the illegally constituted so-called Court of Arbitration (CoA) has issued what it termed as an award concerning Interim Measures and Status of the Indus Waters Treaty,” the government said.
The MEA said the body had been constituted by the World Bank in violation of the treaty and that India does not recognise any of its decisions.
INDIA REJECTS COURT’S AUTHORITY
The government said India has never accepted the Court of Arbitration as a legally valid body and has consistently refused to take part in its proceedings.
According to the MEA, India has never appeared before the court or recognised any of its earlier rulings, maintaining that the very creation of the body was a serious violation of the Indus Waters Treaty.
India also said the arbitration panel had no authority to make decisions on matters that fall under the country’s sovereign powers, including infrastructure projects being carried out by India.
The MEA said the court had “no jurisdiction whatsoever” over India’s sovereign decisions and added that its rulings would have no impact on India’s actions regarding its projects.
WHY INDIA PUT THE TREATY IN ABEYANCE
India put the Indus Waters Treaty in abeyance following the Pahalgam terror attack in April last year, as ties between India and Pakistan deteriorated sharply.
Since then, Pakistani leaders have repeatedly raised concerns over the issue, with some calling water a “red line” and warning India against suspending the treaty.
India has maintained that its position remains unchanged.
“India’s decision to hold the Indus Waters Treaty in abeyance remains in force,” the MEA said.
The latest ruling comes amid an ongoing dispute between the two countries over the treaty and the mechanisms used to settle disagreements under it.
INDIA HAS REJECTED EARLIER RULINGS
India’s latest response is in line with its earlier position that the Court of Arbitration was not validly constituted under the treaty.
On May 16, India had also rejected another ruling by the same body concerning “maximum pondage”, linked to earlier proceedings over the interpretation of the Indus Waters Treaty.
At the time, MEA spokesperson Randhir Jaiswal said India rejected the award and all previous decisions issued by the body, describing any proceeding or ruling made by it as “null and void”.
WHAT IS THE INDUS WATERS TREATY?
The Indus Waters Treaty was signed by India and Pakistan on September 19, 1960, in Karachi, with the World Bank acting as a mediator.
The agreement governs the sharing of water from the Indus river system between the two countries. Under the treaty, the eastern rivers — Ravi, Beas and Sutlej — were mainly allocated to India, while the western rivers — Indus, Jhelum and Chenab — were largely allocated to Pakistan, subject to certain usage rights.
Disputes over hydroelectric projects and the use of water from the western rivers have remained a major source of tension between India and Pakistan.
India has repeatedly maintained that Pakistan has misused the treaty’s dispute-resolution mechanisms and has continued to question the legitimacy of the Court of Arbitration involved in the latest proceedings.