India has rejected a ruling by the Hague-based Permanent Court of Arbitration on the Indus Waters Treaty, disputing the tribunal’s authority and saying its decision will not affect India’s sovereign actions or ongoing projects.
The Ministry of External Affairs said the so-called Court of Arbitration was created in violation of the treaty’s provisions. India has therefore refused to recognise the body legally, has not appeared before it and has dismissed its earlier decisions as well.
The government also said its decision to keep the Indus Waters Treaty in abeyance remains effective. India suspended the agreement after the Pahalgam attack in April.
What the Hague tribunal decided
The Permanent Court of Arbitration said the treaty remains fully applicable because India did not have a valid basis to end or suspend it. It said India must continue meeting its responsibilities under the agreement, including requirements concerning the design and operation of hydroelectric projects on the western rivers.
The ruling also addressed the Ratle hydroelectric plant in the Kashmir region. At Pakistan’s request, the tribunal said India would not be allowed to build the dam wall or power-intake structure above the specified level until 90 days after the impartial expert issues a decision.
That expert, appointed through the World Bank, is expected to determine by July 2027 whether construction of the hydroelectric plant in the Himalayan region complies with the treaty.
India’s position
India said the tribunal has no authority to rule on the country’s sovereign decisions. The Ministry of External Affairs described the ruling as an award issued by an illegally constituted institution and said India completely rejects it, as it rejected the body’s previous decisions.
The government said the tribunal’s present and future decisions will have no effect on work connected to projects being carried out by India. Its position is that establishing the arbitration body itself amounted to a serious breach of the Indus Waters Treaty.
The disagreement leaves the 2 countries with opposing positions on both the treaty’s status and the tribunal’s role. The Hague body has treated the agreement as continuing to apply, while India maintains that its decision to keep it in abeyance is still valid.
Why the treaty matters
The Indus Waters Treaty is a water-sharing agreement between India and Pakistan. It was signed on 19 September 1960 in the presence of the World Bank, with India’s Prime Minister Jawaharlal Nehru and Pakistan’s President Ayub Khan signing the agreement.
The treaty ensures water supplies for 80% of Pakistan’s farmland, making disputes over its operation particularly significant for both countries. The latest ruling concerns not only the legal process but also restrictions linked to the design and construction of hydroelectric projects.
Conclusion
India has rejected the Hague arbitration ruling and continues to treat its decision to keep the Indus Waters Treaty in abeyance as effective. The tribunal, however, says the treaty remains in force and has set limits concerning the Ratle project pending an expert assessment.
Frequently Asked Questions
Q. What ruling has India rejected?
India has rejected the Permanent Court of Arbitration’s ruling on the Indus Waters Treaty and its directions concerning the Ratle hydroelectric plant.
Q. Why does India reject the arbitration tribunal?
India says the tribunal was illegally constituted in violation of the treaty and has no jurisdiction over India’s sovereign decisions.
Q. What did the Hague tribunal say about the treaty?
It said the Indus Waters Treaty remains fully applicable and that India must follow its responsibilities under the agreement.
Q. What is the Ratle project restriction?
The tribunal said India cannot build the dam wall and power-intake structure above the specified level until 90 days after the impartial expert’s decision.
Q. When will the expert assess the hydroelectric project?
The impartial expert appointed through the World Bank is expected to decide by July 2027 whether the project complies with the treaty.
Q. When was the Indus Waters Treaty signed?
India and Pakistan signed the agreement on 19 September 1960, with the World Bank involved in the process.
Q. How much Pakistani farmland depends on the treaty’s water supply?
The treaty ensures water supplies for 80% of Pakistan’s farmland.
