Indus Water Treaty

Why in news: Following the Pahalgam terror attack by TRF killing 26 tourists, the Cabinet Committee on Security decided to hold the IWT of 1960 in abeyance. IWT has no exit clause or provision for unilateral abrogation.

• Article XII (4): The treaty can only end with a “duly ratified treaty” between both governments.
• Articles 60 and 62 of the Vienna Convention on the Law of Treaties (VCLT) justify revocation, though India is not a party and Pakistan hasn’t ratified it. “Abeyance” is not recognised legal term under VCLT, which only allows for “suspension” if there’s a “fundamental change of circumstances” (Article 62).
• Legal Precedent: In 1997 Gabcíkovo-Nagymaros case, ICJ rejected Hungary’s termination of a treaty on the basis of political, economic, environmental shifts as not constituting fundamental changes.

India’s leverage and limitations:

• India may stop sharing water flow data, flush reservoirs, alter hydro project operations.
• India uses only ~1 MAF of permitted 3.60 MAF storage on western rivers. Has developed irrigation on only 0.642 million acres, though permitted for 1.34 million acres in J&K and Ladakh.
• On eastern rivers, India uses 90%+ of the 33 MAF allocation, aided by Bhakra (Satluj), Pong (Beas), and Ranjit Sagar/Thein dams (Ravi).
• Major hydroelectric projects on western rivers include: Kishanganga (Kishanganga River (a tributary of the Jhelum)), Chenab Dams (Ratle, Salal, Baglihar). Upcoming: Kiru, Pakal Dul (Marusudar River (a tributary of the Chenab)), and Ratle.

Impacts on Pakistan:

• Over 80% of Pak’s agriculture and 33% of hydropower rely on Indus basin waters.
• Disruption may cause tensions, particularly b/w Punjab vs. Sindh over canals like Cholistan.
• India released water from Baglihar and Salal dams in J&K. The activity, termed “flushing the reservoir”, clears silt and is a routine practice, but Pakistan was not notified, contrary to IWT norms.

Hydropower Disputes:

• Kishanganga & Ratle have drawn objections from Pak.
• In 2013, the Court of Arbitration permitted diversion by India under strict conditions (e.g., minimum flow).
• In the Ratle case, India sought a neutral expert, Pakistan preferred the Court of Arbitration; the World Bank allowed both, causing India to boycott proceedings.

Regional and International Ramifications

• During the 2017 Doklam standoff, China withheld data from India but not Bangladesh.
• As India and Bangladesh prepare to renew the Ganga Water Treaty in 2026, the IWT episode may strain talks.

Indus River system:

• It consists of six rivers: Indus, Jhelum, Chenab, Ravi, Beas, and Sutlej.
• Indus and Sutlej are antecedent rivers, originating in Tibet and cutting deep gorges through the Himalayas.
• Jhelum, Chenab, Ravi, and Beas originate in India.
• The Indus Basin spans China, India, Pakistan, and Afghanistan.
• In India, it covers Ladakh, J&K, Chandigarh, Himachal Pradesh, Punjab, Haryana, and Rajasthan.
• Drainage area of Indus in India is approx 3,21,289 sq. km, accounting for 9.8% of India’s geographical area.

Indus Water Treaty:

• It was signed in 1960 in Karachi by Nehru and Ayub Khan. Broker & Signatory: World Bank.
• India controls 3 eastern rivers (Ravi, Beas, Sutlej). Pak controls 3 western rivers (Indus, Jhelum, Chenab).
• About 80% of the water volume is allocated to Pakistan and 20% to India. India’s rights on western rivers: Limited to non-consumptive uses such as hydropower, navigation, irrigation, without substantially altering the flow.
• The treaty established a Permanent Indus Commission with representatives from both countries to exchange data and resolve routine issues.
• A 3-tier dispute resolution mechanism: Commission → Neutral Expert → Court of Arbitration.

About Court of Arbitration:

• International tribunal to resolve disputes between parties (usually states) through binding arbitral process instead of traditional court litigation. It assists in appointing arbitrators, supervises arbitral proceedings, and ensures arbitral awards are enforceable under international law. Permanent Court of Arbitration was established in 1899. HQ: Hague. Facilitates arbitration in territorial, maritime, and investment disputes.