India has firmly rejected the authority and legality of the Court of Arbitration (CoA) established under the Indus Waters Treaty (IWT) of 1960, calling it an "illegal" entity and dismissing its recent "supplemental award" concerning the Kishenganga and Ratle hydroelectric projects in Jammu and Kashmir. The Ministry of External Affairs (MEA) has issued a strong statement asserting that India has never recognized the existence of this so-called Court of Arbitration and considers its constitution a "serious breach" of the IWT. Consequently, any proceedings before this forum and any award or decision taken by it are deemed illegal and void.
India's rejection stems from its position that the CoA was constituted in "brazen violation" of the Indus Waters Treaty. The government maintains that the court's formation is fundamentally flawed and that it lacks the legal standing to adjudicate matters pertaining to the IWT. New Delhi has emphasized that it is not bound by any of the CoA's pronouncements.
The "supplemental award" in question pertains to the CoA's competence to hear cases related to the Kishenganga and Ratle hydroelectric projects. These projects, located in the Indian Union Territory of Jammu and Kashmir, have been a point of contention between India and Pakistan. Pakistan has objected to the construction of these projects, claiming they violate the IWT. India, however, maintains that the projects are in full compliance with the treaty's provisions.
India's stance on the CoA is further influenced by the recent terrorist attack in Pahalgam, which resulted in the deaths of 26 people. Following this attack, India placed the Indus Waters Treaty in "abeyance," asserting its right as a sovereign nation to do so under international law. India has stated that it will remain in abeyance until Pakistan credibly and irrevocably ceases its support for cross-border terrorism. During the period of abeyance, India considers itself no longer bound to perform any of its obligations under the IWT.
Furthermore, India has accused Pakistan of orchestrating a "charade" through the CoA to divert attention from its alleged role as a "global epicenter of terrorism". The MEA has described the arbitration as a "fabricated mechanism" created at Pakistan's behest. India firmly believes that Pakistan is attempting to use the CoA to evade accountability for its support of cross-border terrorism.
The Indus Waters Treaty, brokered by the World Bank in 1960, governs the sharing of water from the Indus River and its tributaries between India and Pakistan. While the treaty has generally been successful in managing water resources, disputes have arisen over the interpretation and implementation of its provisions.
Pakistan has strongly opposed India's suspension of the IWT, calling it a "cowardly" and "inappropriate" move. Pakistani officials have stated that the treaty has no provision for unilateral suspension and that any obstruction of water flow to Pakistan would be considered an "act of war". Islamabad is also exploring legal challenges to India's decision to hold the treaty in abeyance under international law.
