India’s Suspension of the 65-Year-Old Indus Waters Treaty (IWT)

 Why in News?

• On April 23, 2025, India suspended the Indus Waters Treaty (IWT) of 1960 for the first time in its history.
• The suspension followed a terrorist attack in Pahalgam, Jammu & Kashmir, where 26 Indian tourists were killed.
• The Indian government took this step as a response to Pakistan’s continued support for cross-border terrorism.

 Introduction to the Indus Waters Treaty (IWT)

• Signed on: September 19, 1960, in Karachi
• Parties involved: India and Pakistan
• Brokered by: The World Bank
• Objective: To divide and manage the water resources of the Indus River system, ensuring peaceful utilization and cooperation.

 Key Provisions of the Treaty

1. Division of Rivers:
   • Eastern Rivers (India’s unrestricted use): Sutlej, Beas, Ravi
   • Western Rivers (Pakistan’s share): Indus, Jhelum, Chenab
2. Total Structure:
   • 12 Articles
   • 8 Annexures
3. India’s Rights:
   • India can use the Eastern Rivers without restrictions.
   • India can construct limited projects on Western Rivers (non-consumptive use, i.e., hydroelectricity).

 India’s Justification for Suspension

1. Foreign Secretary Vikram Misri’s Statement:
   • The treaty is to be held “in abeyance with immediate effect”.
   • This will continue until Pakistan credibly and irreversibly abjures support for terrorism.
2. Strategic Leverage:
   • The suspension gives India greater autonomy over the use of Indus river waters.
   • India can now stop sharing river data, halt consultations, and delay or deny clearances to Pakistan.
3. Diplomatic Measures Taken Alongside:
   • Closure of the Attari border post
   • Cancellation of visas and expulsion of personnel
   • These measures show India’s multidimensional approach against Pakistan.

 So, Why is This Decision Significant?

• First suspension in 65 years: A historic and unprecedented diplomatic move.
• Impact on Water Politics:
  • India now holds the option to limit or redirect river water flows.
  • This affects hydroelectric projects like:
    • Kishenganga HEP (tributary of Jhelum)
    • Ratle HEP (Chenab)
• Reservoir Flushing:
  • India can release sediment-laden water downstream to increase dam efficiency, previously restricted under IWT norms.

Can Pakistan Challenge India’s Move?

1. Treaty Exit Clause:
   • The IWT does not have a withdrawal clause.
   • Thus, India can legally exit if it chooses to do so unilaterally.
2. Dispute Resolution:
   • Article IX and Annexures F & G provide dispute mechanisms.
   • Steps:
     1. Permanent Indus Commission
     2. Neutral Expert
     3. Court of Arbitration
3. Limitation for Pakistan:
   • Arbitration cannot be used for seeking specific performance (i.e., compelling India to follow the treaty).
   • As per former Pakistan Law Minister Ahmer Bilal Soofi, even ICJ won’t help due to IWT’s self-contained nature.

Past Disputes and Hydro Projects as Flashpoints

1. Projects under dispute:
   • India’s hydro projects like Kishenganga and Ratle have often faced objections from Pakistan.
   • Though these are “run-of-the-river” projects, Pakistan alleges they affect downstream flow.
2. January 2023 Notice:
   • India issued a notice to modify the treaty due to prolonged disputes.
   • First such notice in 60+ years.
3. September 2024 Notice:
   • India re-issued another formal diplomatic notice.

 Role of World Bank and Neutral Expert

• Article XII(3) of IWT allows modifications by mutual consent.
• In 2022, a Neutral Expert was appointed by the World Bank.
• Key figure: Michel Lino
  • Held meetings to resolve issues over hydro projects.
  • Found India’s points stronger and Pakistan’s claims to be partially invalid.
• Findings:
  • Pakistan’s objections on “Points of Difference” did not fall under critical Annexure F provisions.
  • India’s design of hydroelectric projects found technically sound.

 Impact of Suspension

1. Immediate Impact:
   • Minimal short-term effect on Pakistan as they have water reserves.
   • But long-term threat if India starts diverting flows or blocks data sharing.
2. Infrastructure Constraints:
   • Currently, India lacks enough infrastructure to divert water from Western Rivers significantly.

 Conclusion

India’s suspension of the Indus Waters Treaty is a watershed moment in Indo-Pak relations. It not only challenges a long-standing international water-sharing pact but also signals India’s assertiveness in responding to cross-border terrorism through diplomatic and hydrological means.

This move might reshape South Asian water geopolitics, especially as climate change and security issues deepen. For CLAT aspirants, this development is important from the perspectives of international law, constitutional provisions related to treaty-making (Articles 253 & 73), geopolitics, and environmental law.

 NOTES: Explanation of Peculiar Terms

1. Indus Waters Treaty (IWT): A water-sharing treaty signed in 1960 that divides the Indus River system between India and Pakistan.
2. Held in abeyance: Temporarily suspended; not canceled, but not in effect.
3. Run-of-the-river project: A type of hydroelectric generation where a dam diverts river flow without creating large reservoirs.
4. HEP (Hydro Electric Project): Infrastructure built to harness river energy and convert it into electricity.
5. Annexure F & G (of IWT): Sections detailing technical and legal procedures for resolving disputes and modifying treaty terms.
6. Neutral Expert: A third-party technical adjudicator appointed by mutual consent to resolve disputes under the IWT.
7. Points of Difference: Specific disagreements raised by one party regarding the interpretation or application of the treaty.
8. Specific performance: A legal term where one party is compelled to carry out obligations under a treaty or contract.
9. International Court of Justice (ICJ): The principal judicial organ of the United Nations that adjudicates legal disputes between countries.
10. Article IX (of IWT): Specifies dispute resolution mechanisms, beginning with the Permanent Indus Commission and possibly escalating to arbitration.
11. Article XII (3): Allows for treaty modifications with bilateral agreement ratified by both governments.
12. Reservoir flushing: A method used to remove sediment from dams by releasing water at high pressure.                                       

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