India has formally notified Pakistan to seek a review and modification of the 62-year-old Indus Waters Treaty, citing Islamabad’s rigid stance on resolving disputes related to cross-border rivers, according to sources.
The move refers to Article XII (3) of the treaty, which allows modifications through a duly ratified agreement between the two governments. India’s notice points to significant and unforeseen changes, including shifts in population demographics, environmental challenges, the need for clean energy to meet emission targets, and the impact of ongoing cross-border terrorism.
The notice comes amid a long-standing dispute over the 330-MW Kishanganga and 850-MW Ratle hydropower projects. The World Bank has simultaneously activated both the “neutral expert” mechanism and the Permanent Court of Arbitration to address these concerns.
In 2015, Pakistan sought the appointment of a neutral expert to address its objections but later shifted to seeking arbitration. India has participated in meetings with the neutral expert but has avoided the Permanent Court of Arbitration, arguing that two simultaneous processes could lead to conflicting rulings and undermine the treaty’s integrity.
The treaty, signed in 1960 by Pakistan’s President Ayub Khan, India’s Prime Minister Jawaharlal Nehru, and a World Bank representative, has not been amended since. The World Bank’s role is procedural, mainly in designating neutral experts or arbitration chairs. The ongoing negotiations, however, will be open-ended and cover all aspects of the treaty.