India has rejected a Hague-based Court of Arbitration ruling that said the Indus Waters Treaty remains in force, asserting that the tribunal was illegally constituted and has no jurisdiction over India’s sovereign decisions.
The Ministry of External Affairs said the Court of Arbitration was established by the World Bank in violation of the terms of the 1960 treaty and that India has never recognised its legal existence or participated in its proceedings.
New Delhi also made clear that its decision to keep the Indus Waters Treaty in abeyance remains in force.
India Rejects Hague Award
The Court of Arbitration issued its decision on August 31 in proceedings initiated by Pakistan concerning the status of the Indus Waters Treaty and India's hydroelectric projects on the western rivers.
The tribunal concluded that the treaty remains fully operational and that India's stated grounds for placing it in abeyance did not justify its suspension or termination.
India rejected the award, maintaining that the body issuing it has no authority over India's sovereign decisions.
MEA Questions Court Jurisdiction
The Ministry of External Affairs described the tribunal as an “illegally constituted” Court of Arbitration.
The government said India has consistently rejected the tribunal's proceedings and earlier pronouncements because it does not recognise the body as having legal authority under the treaty.
According to New Delhi, the tribunal was established in breach of the dispute-resolution framework agreed between India and Pakistan.
India has therefore refused to appear before the tribunal and said its latest and future pronouncements will have no effect on India's actions relating to its hydroelectric projects.
Treaty Remains In Abeyance
India reiterated that its decision to place the Indus Waters Treaty in abeyance remains in force.
New Delhi announced the move in April 2025 following the Pahalgam terror attack in Jammu and Kashmir. India had said the treaty would remain in abeyance until Pakistan credibly and irrevocably ended its support for cross-border terrorism.
The Hague tribunal, however, rejected the argument that India could suspend or terminate the treaty on the grounds it had cited.
The court said the treaty remains fully in force and that India must continue to comply with its obligations.
Ratle Project Faces Order
The Court of Arbitration also issued an order concerning India's Ratle hydroelectric project in Jammu and Kashmir.
It directed India to temporarily restrict certain construction work on the project while a separate Neutral Expert process continues.
The order specifically prevents concreting of the Ratle dam wall and power intake structure above specified levels until 90 days after the Neutral Expert's final decision, which is expected in July 2027.
The tribunal also ordered India to report changes to the project's construction schedule.
Pakistan Had Sought Arbitration
Pakistan had approached the arbitration mechanism over disputes concerning India's hydroelectric projects on the western rivers.
The proceedings cover the Kishenganga and Ratle hydroelectric projects, both of which have been at the centre of the long-running India-Pakistan dispute over interpretation of the Indus Waters Treaty.
India has opposed the Court of Arbitration proceedings and has argued that the treaty's Neutral Expert mechanism is the appropriate process for resolving the relevant technical disputes.
What Is Indus Waters Treaty
The Indus Waters Treaty was signed in 1960 between India and Pakistan, with the World Bank playing a role in facilitating the agreement.
Under the treaty, the eastern rivers — Ravi, Beas and Sutlej — were allocated primarily to India, while the western rivers — Indus, Jhelum and Chenab — were allocated primarily to Pakistan, subject to specified rights and restrictions.
The agreement has survived several wars and prolonged periods of tension between the two countries.
Disputes have repeatedly emerged over India's hydroelectric projects on the western rivers, particularly over the design and operation of run-of-river projects.
India Pakistan Water Row
The latest confrontation adds another layer to already strained India-Pakistan relations.
India's position is that the arbitration tribunal has no legal authority to rule on its sovereign decisions, while the tribunal maintains that the treaty remains binding and that India must comply with its provisions.
The dispute is therefore not only about water-sharing but also about which mechanism under the treaty has the authority to decide disagreements between the two countries.
For now, New Delhi has made its position clear: it rejects the Hague tribunal's award and maintains that its decision to keep the Indus Waters Treaty in abeyance continues to apply.
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