The Indus Water Treaty, signed in 1960, bifurcates the Indus River system between India and Pakistan. Pakistan controls the Western rivers (Indus, Jhelum, Chenab), whereas India controls the Eastern rivers (Ravi, Beas, Sutlej). It also includes a Permanent Indus Commission and a three-tier dispute resolution mechanism.
Why in the news?
Of late, India suspended the treaty after the Pahalgam attack, impacting Pakistan’s vital water supply for agriculture and urban areas negatively. This suspension has ensured India greater control over the Western rivers, permitting increased hydropower generation and improved flood management. The shift in water dynamics has intensified tensions and reshaped regional geopolitics, further impacting bilateral relations.
Indus Water Treaty River Distribution
The distribution of this river was done to ensure a legitimate division of the entire river system. Also, to enable peaceful cooperation between both countries. This treaty ensures a sustainable water division between both nations by allocating Western rivers-which include Indus, Jhelum, and Chenab, to Pakistan and Eastern rivers, which include the Ravi, Beas, and Sutlej, to India.
Indus Water Treaty History
The History of the Indus Water Treaty goes back to the time of India’s Independence, when the boundary line between Pakistan and India was being drawn. The details are mentioned below:
(i) Drawing of Boundaries: During independence, the boundary line between both countries was made across the Indus Basin, leaving Pakistan as the lower riparian.
(ii) Beginning of conflict: After partition, two important irrigation headworks in Madhopur and Ferozepur. They were dependent on Punjab’s irrigation canal supplies, leading to a dispute over water usage.
(iii) Mediation by World Bank: The negotiations with the World Bank led to the signing of the Indus Waters Treaty in 1960.
(iv) Signing of Treaty: The treaty, signed by Mohammad Ayub Khan of Pakistan, Jawaharlal Nehru, and W.A.B. Iliff of the World Bank, is effective from April 1, 1960.
Indus Water Treaty Key Features
(i) Water-Sharing: Under this treaty, Pakistan got the western rivers, namely Indus, Chenab, and Jhelum, for unrestricted use, whereas India got the eastern rivers Ravi, Beas, and Sutlej for unrestricted use.
(ii) Permanent Indus Commission: The Treaty set up a Permanent Indus Commission to meet annually. It provides a mechanism for cooperation and information exchange between the two countries concerning their use of the rivers. It consists of a Commissioner from each country.
(iii) Dispute Resolution Mechanism: The Indus Water Treaty provides for a three-tier dispute resolution mechanism. This structure ensures that disputes over the Indus waters are addressed in a graduated manner, with efforts focused first on cooperation and technical expertise before moving to formal arbitration.
Level 1: “Questions” – handled by the Permanent Industrial Commission.
” 2: “Differences” – resolved by a Neutral Expert (appointed by the World Bank).
” 3: “Disputes” – referred to an ad hoc arbitral tribunal called the “Court of Arbitration.” (iv) Exchange of Data: Both parties must indulge in the Monthly exchange of data on river water usage.
(v) Future Co-operation: Both countries must cooperate to set up hydrological observation stations and undertake new drainage work to preserve the rivers.
Indus Water Treaty Legal Framework
(i) No Exit Clause in the treaty: The Indus Waters Treaty (IWT) does not permit unilateral termination by either India or Pakistan. It is a perpetual agreement with no expiration date. Any amendment or revision requires mutual consent between the two nations.
(ii) Dispute Resolution Mechanism: Article IX, along with Annexures F and G, outlines a three-tiered dispute resolution process:
(a) Initial resolution via the Permanent Indus Commission (PIC).
(b) Escalation to a Neutral Expert.
(c) Final arbitration through a designated Court of Arbitrators.
(iii) No Peaceful Mechanism for Enforcement: If India revokes the treaty, it essentially steps outside its legal framework. The dispute resolution mechanism becomes irrelevant, as it only applies within the bounds of the treaty.
(a) There is no provision in the IWT to enforce or revive the treaty after suspension.
(b) Pakistan cannot approach the International Court of Justice (ICJ) due to India’s reservation under the ICJ statute.
(c) As a result, no legal pathway remains for Pakistan to compel treaty compliance from India.
Indus Water Treaty After Pahalgam Attack
The suspension of the Indus Waters Treaty by India, following the Pahalgam terror attack, marks a turning point in regional water diplomacy. It poses severe challenges for Pakistan’s water-dependent agriculture and urban supply, while granting India enhanced control over western rivers, hydropower potential, and flood management, altering regional water dynamics significantly.
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Indus Water Treaty Suspension Implications for Pakistan
(i) Water Dependency: Pakistan receives nearly 80% of the Indus, crucial for agriculture, irrigation, and drinking water in Punjab and Sindh.
(ii) Urban Water Supply: Major cities like Karachi, Lahore, and Multan depend directly on these rivers for daily water needs.
(iii) Agricultural Economy: Agriculture contributes 23% to GDP. Also supporting 68% of the rural population, relying on 93% of the water for irrigation.
(iv) Irrigation Backbone: The Indus basin delivers around 154.3 million acre-feet of water annually, essential for food security and farming.
(v) Economic Impact: Disruption in water flow can lower crop production, increase food scarcity, and strain rural economies.
(vi) Existing Water Crisis: Pakistan already struggles with groundwater depletion, soil salinity, and weak water storage infrastructure.
(vii) Limited Storage: Reservoirs like Mangla and Tarbela together hold only 14.4 million acre-feet, just 10% of the annual allocation.
(vii) Loss of Security: Treaty suspension removes the guaranteed water supply, worsening water management challenges, and national vulnerability.
Conclusion
The Indus River today stands at the heart of an emerging conflict where ‘blood and water cannot flow together. The Honourable Prime Minister of India highlighted the complexities of the evolving Indo-Pakistani relationship. Its suspension signals a strategic shift in India’s posture, linking water diplomacy to national security imperatives. What was once a framework for peace is now being re-evaluated in light of persistent cross-border terrorism, marking a turning point in regional geopolitics.