India rejects procedure, says its position on suspension of treaty remains unchanged
The Permanent Court of Arbitration (PCA) in The Hague has upheld its earlier ruling supporting the continued validity of the Indus Waters Treaty (IWT), ruling that India cannot unilaterally suspend the agreement.
The court reaffirmed that the treaty remained in force, rejecting arguments that either party could withdraw or suspend it without mutual consent. He said the legal framework governing the sharing of the Indus river system continued to bind India and Pakistan.
The decision related to long-standing disputes between the two countries over hydroelectric developments on the western rivers of the Indus system. Pakistan has repeatedly expressed concerns that India’s run-of-river projects could reduce downstream flows and harm agricultural production.
In an earlier award last year, the court ordered that India must allow the waters of western rivers to flow for “unrestricted use” by Pakistan, thereby strengthening Pakistan’s interpretation of the treaty’s water allocation provisions.
In response to this decision, Foreign Ministry spokesperson Randhir Jaiswal rejected the procedure. He declared that all proceedings and decisions of the “illegally constituted Court of Arbitration” were “null and void” and maintained that India’s position on the suspension of the treaty remained unchanged.
In August last year, the PCA ruled in favor of Pakistan on questions of general interpretation of the Indus Waters Treaty, saying India would let the waters of the western rivers flow for unrestricted use by Pakistan.
The Hague-based PCA issued a binding award on the interpretation of the IWT on August 8, 2025. in a case brought by Pakistan in 2016. The court asserts that the awards of an arbitral tribunal and the decisions of a neutral expert are final and binding on both parties.
The CPA also ruled that the exceptions specified for hydropower generation must be strictly consistent with the requirements set out in the IWT, rather than what India might consider an “ideal” or “best practice” approach.
Political and diplomatic experts on Sunday strongly condemned the Indian government’s rejection of the ICA decision on IWT, calling it a serious violation of international law and justice.
Former Ambassador Manzoorul Haq, while criticizing the statement issued by the Indian government spokesperson rejecting the authority of the International Court, said it reflected the fascist Modi government’s contempt for international legal institutions.
He said the ICA, based in The Hague, issued landmark decisions on CIES that were binding on member states.
Talk to APPLICATIONhe said, India had already acted against UN Security Council resolutions on Kashmir and was now ignoring the ICA’s landmark decision on the IWT, exposing New Delhi’s disregard for international organizations and engagement.
Manzoor said India neither agreed to the establishment of the arbitration tribunal nor recognized its decisions and awards, undermining international commitments, the rule of law and the World Bank guarantee of the treaty.
He said India’s repeated violations of the IWT threatened the sanctity of international treaties and inter-state relations, adding that the RSS-backed Modi government should be held accountable for its illegal actions.
According to him, India’s decision to suspend the treaty would jeopardize peace in the subcontinent. He warned that any conflict between two nuclear powers over water resources could have dangerous consequences far beyond the region.
