New Delhi: India has categorically rejected the recent ruling by the Court of Arbitration in The Hague regarding the long-disputed Kishenganga and Ratle hydroelectric projects, declaring the proceedings and the court itself "illegal and void ab initio." The Ministry of External Affairs (MEA) issued a strong statement asserting that the so-called Court of Arbitration has no legitimacy or legal authority under the Indus Waters Treaty (IWT) signed in 1960 between India and Pakistan.
The ruling in question, which emerged as a supplemental decision from the court on June 27, reaffirmed its competence to adjudicate on issues related to the Indus Treaty and the design of India’s hydro projects in Jammu & Kashmir. However, India insists it has never consented to this court's authority and accuses Pakistan of initiating an unlawful and unilateral arbitration process, bypassing established dispute resolution mechanisms outlined in the treaty.
India had earlier announced that it had put the Indus Waters Treaty “in abeyance” following the April 2025 Pahalgam terrorist attack, which New Delhi has squarely blamed on Pakistan-backed operatives. The Indian government stated that no treaty obligations can be honored while Pakistan continues to foster cross-border terrorism, effectively suspending its engagement with the water-sharing framework.
As per the MEA's statement, "Pakistan’s insistence on pursuing parallel proceedings first before a Neutral Expert, and now via an illegally constituted Court of Arbitration is a blatant violation of the terms agreed upon in 1960. With the treaty suspended, no foreign body holds jurisdiction to question or intervene in India's internal development matters, particularly those aimed at energy generation and water use within its own territory."
The Indus Waters Treaty, brokered by the World Bank, governs the allocation of water from six rivers of the Indus Basin between India and Pakistan. While the eastern rivers (Ravi, Beas, Sutlej) are controlled by India, the western rivers (Indus, Jhelum, Chenab) were allotted to Pakistan, with certain rights for India to use them for non-consumptive purposes such as hydroelectricity.
Pakistan has repeatedly objected to India's construction of the Kishenganga and Ratle dams, alleging that the projects violate treaty provisions by potentially disrupting water flows into its territory. India, however, maintains that all construction is fully compliant with the treaty's conditions and accuses Islamabad of using the international legal system to stall its developmental initiatives for political reasons.
With legal arbitration mechanisms collapsing and India refusing to recognize the Hague tribunal, the future of the Indus Waters Treaty appears uncertain. Experts warn that unless diplomatic engagement resumes or a new bilateral framework replaces the existing treaty, tensions could rise sharply in the water-scarce region.
India has also hinted at exploring alternative water management strategies, including the possibility of using a greater share of its rights over the western rivers an option long viewed as a last resort.
India’s outright rejection of the Court of Arbitration’s ruling signals a hardened stance in its relations with Pakistan and a possible reevaluation of historic treaties in light of national security concerns. As climate volatility increases and water becomes an even more critical resource, the Indus Waters Treaty once hailed as a model of cooperative diplomacy now stands at a fragile crossroads.