Renegotiating the Indus Waters Treaty
Introduction
The Indus Waters Treaty (IWT), signed in 1960 between India and Pakistan under the auspices of the World Bank, is considered one of the most enduring water-sharing agreements in modern history. It has survived wars, cross-border conflicts, and deep political mistrust. However, in May 2025, the Government of India reiterated its intention to review and renegotiate the treaty, following recurring acts of terrorism supported by Pakistan, including the killing of civilians in Pahalgam.
This significant diplomatic move signals India’s intent to reframe the Treaty in light of current realities, including strategic, environmental, and hydrological changes. The issue holds immense importance for CLAT Current Affairs 2026 as it sits at the intersection of international law, environmental diplomacy, national security, and water resource management.
Why in News?
- India reiterated its official stance at the United Nations regarding the Indus Waters Treaty and kept it in a state of “abeyance” post-Pahalgam attacks.
- Pakistan expressed its willingness to discuss a review and modification of the IWT.
- India had earlier sent two notices to Pakistan—in January 2023 and September 2024—regarding its dissatisfaction with the Treaty’s implementation and relevance.
- There is growing discourse around India’s right to utilize more of its share from the Western Rivers and upgrade water infrastructure and hydropower projects.
- Strategic experts are calling for reforms in the grievance redressal mechanism and asserting India’s sovereign right over water originating within its territory.
What is the Indus Waters Treaty (IWT)?
- Signed in 1960, brokered by the World Bank.
- It governs water-sharing between India and Pakistan over the six rivers of the Indus basin:
- India gets full use of Eastern Rivers: Ravi, Beas, Sutlej.
- Pakistan gets unrestricted use of Western Rivers: Indus, Jhelum, Chenab.
- The Treaty is highly technical, negotiated by engineers, not diplomats.
- It allows India limited usage of Western rivers for domestic, agricultural, and non-consumptive hydroelectric purposes (without affecting flow into Pakistan).
India’s Current Concerns and Limitations
Inequitable Allocation
- Western Rivers provide 135.6 million acre-feet (MAF) to Pakistan versus 32.6 MAF from Eastern Rivers to India.
- India receives a lower share despite being the upper riparian state (where the river originates).
Underutilization
- India is allowed to store up to 3.6 MAF on Western Rivers but currently uses only 0.7 MAF.
- Major projects like Pakal Dul on the Marusudar River (tributary of Chenab) are still under development.
Stalled Projects
- Pakistan has frequently objected to Indian projects:
- Salal Dam, Baglihar Dam, Tulbul Navigation Project.
- Kishanganga project was taken to arbitration.
- These objections have delayed key hydroelectric projects vital for India’s energy security and flood management.
What Does ‘Keeping the Treaty in Abeyance’ Mean?
- Abeyance ≠ termination: India has not revoked the Treaty, but is suspending regular cooperation and signaling discontent.
- Focus is now on exercising India’s rights under the existing Treaty, especially on Western Rivers.
- India will begin optimizing usage, increasing storage, and initiating sediment flushing operations.
- It is a strong diplomatic message to Pakistan: no cooperation without accountability on terrorism.
What Should India Ask For in a Renegotiated Treaty?
- Fix the Grievance Redressal Mechanism
- Article IX provides for:
- Step 1: Bilateral talks via Indus Commissioners
- Step 2: Appeal to a Neutral Expert
- Step 3: International Court of Arbitration (CoA)
- Pakistan has often misused this mechanism to delay or stop Indian infrastructure projects.
- India wants a streamlined, time-bound resolution process to prevent technical obstructionism.
- More Flexibility for Infrastructure and Hydropower Projects
- The Treaty is highly prescriptive, limiting dam heights, reservoir capacities, and water diversion methods.
- India needs freedom to adapt to climate change, floods, and growing energy demands.
- The revised treaty should reflect 21st-century realities, not those of 1960.
China Angle: Should India Worry About a Joint Front with Pakistan?
- China is not a party to the IWT.
- China’s Brahmaputra projects raise concerns, especially about unilateral diversions or hydro domination in the region.
- China may not ally with Pakistan on the Indus basin directly, but India must remain cautious of China’s upstream leverage.
- India is a lower riparian state on Brahmaputra, giving China a geographical advantage.
Why This Topic is Important for CLAT 2026
This topic is relevant for aspirants taking coaching from the best online coaching for CLAT due to its multidisciplinary nature:
Legal Reasoning
- Treaty law under Vienna Convention on the Law of Treaties (1969)
- Principles of pacta sunt servanda (treaties must be honored)
- Doctrine of Changed Circumstances (rebus sic stantibus)
International Relations and GK
- Role of World Bank as guarantor
- Indo-Pak relations, border conflicts, and water diplomacy
- China’s strategic position on transboundary rivers
Constitutional Law
- Water is a State subject under Entry 17 of State List, but inter-state or international treaties invoke Union powers.
- Federal implications in water resource management, especially where multiple Indian states share rivers.
CLAT-Focused Summary: Key Takeaways
Aspect | Detail |
Treaty Signed | 1960, brokered by World Bank |
India’s Rivers | Ravi, Beas, Sutlej (Eastern) |
Pakistan’s Rivers | Indus, Jhelum, Chenab (Western) |
India’s Concern | Unequal allocation, obstruction by Pakistan |
India’s Demand | Renegotiation, better redressal mechanism |
Treaty Status | Kept in abeyance, not terminated |
Strategic Aim | Water security, energy sovereignty, diplomatic leverage |
Glossary of Important Terms (Notes for CLAT Aspirants)
Term | Explanation |
Abeyance | A legal term indicating suspension of activity or obligation without formal termination. |
MAF (Million Acre Feet) | Unit of volume used in water resource management. |
Upper Riparian State | Country from which a river originates (India in this case). |
Lower Riparian State | Country downstream in a river system (Pakistan). |
Article IX (IWT) | Treaty provision detailing dispute resolution, from Commissioners to arbitration. |
Hydro-geomorphology | Study of how water shapes geological landscapes, critical in dam planning. |
Sediment Flushing | Releasing sediments built up behind dams to preserve reservoir capacity. |
Rebus Sic Stantibus | International law principle allowing treaty withdrawal if circumstances change fundamentally. |
Conclusion: Strategic Autonomy in Water Diplomacy
The Indus Waters Treaty, once hailed as a model of peaceful resource-sharing, is now at a crucial juncture. With hydrology, geopolitics, and national security shifting rapidly, India’s desire to revisit the Treaty is justified. This move is not about revoking water rights but about recalibrating obligations to present-day realities.
CLAT 2026 aspirants must be able to critically evaluate such issues from legal, geopolitical, and constitutional lenses. Whether asked in a comprehension-based passage, legal reasoning question, or current affairs MCQ, this topic will test both awareness and analytical ability—skills that are best honed through online coaching for CLAT from trusted platforms like CLAT Gurukul.
