India rejects Arbitration Court ruling on IWT, questions legitimacy

Business Standard

20 hours ago

India on Thursday said it does not recognise the legality, legitimacy, or competence of the 'so-called' Permanent Court of Arbitration (PCA) in The Hague, following its recent award on issues of general interpretation of the Indus Waters Treaty (IWT).
'India has never accepted the so-called Court of Arbitration. Its pronouncements are therefore without jurisdiction, devoid of legal standing, and have no bearing on India's rights of utilisation of waters,' ministry of external affairs (MEA) spokesperson Randhir Jaiswal said. He also rejected Pakistan's references to the award as 'selective and misleading.'
Jaiswal reiterated that 'the Indus Waters Treaty stands in abeyance by a sovereign decision of the Government of India, taken in response to Pakistan's continued sponsorship of cross-border terrorism, including the barbaric Pahalgam attack.'
India suspended the treaty as part of its measures against Pakistan following the Pahalgam terrorist attack that claimed 26 lives.
Details of the PCA ruling
The PCA stated that the arbitration concerned the interpretation and application of the IWT to certain design elements of the run-of-river hydroelectric plants that India is permitted to construct on the tributaries of the Indus, Jhelum, and Chenab rivers.
The arbitration, initiated by Pakistan in 2022, sought guidance on the design requirements for such plants, including the size and location of low-level outlets, gated spillways, and turbine intakes. The court said the treaty aimed to ensure the most complete and satisfactory utilisation of the Indus river system while defining the respective rights and obligations of both countries.
The PCA noted that India had not participated in the proceedings and had repeatedly objected to its competence.
India's stand on earlier awards
In June 2025, India rejected a 'supplemental award' issued by the PCA, calling it a violation of the 1960 treaty. 'The illegal Court of Arbitration, purportedly constituted under the Indus Waters Treaty 1960, albeit in brazen violation of it, has issued what it characterises as a 'supplemental award' on its competence concerning the Kishenganga and Ratle hydroelectric projects in the Indian Union Territory of Jammu and Kashmir,' the MEA said at the time.
About the Indus Waters Treaty
Signed in 1960, the IWT allocates the waters of six rivers between India and Pakistan. Under the agreement, Pakistan has rights over the Indus, Jhelum, and Chenab, while India retains exclusive control over the Ravi, Beas, and Sutlej.
The treaty also sets out provisions for dam construction, data sharing, and cooperative measures. India has maintained that its compliance with the treaty has been a gesture of goodwill despite repeated provocations from Pakistan.