Citing lack of jurisdiction, India rejects Hague court’s Indus Waters Treaty ruling

Hours after the Permanent Court of Arbitration at The Hague said the Indus Waters Treaty remains “fully in force” and called on India to “observe its obligations”, the Ministry of External Affairs (MEA) rejected this, saying that the “very establishment of this alleged arbitral body” itself was a “grave violation” of the treaty.

“This so-called Court was constituted by the World Bank in patent breach of the terms of the Treaty, and India categorically rejects its so-called award,” the Ministry said on Monday (August 31, 2026).

It went on to say that India has “never recognised the existence in law of this illegally-constituted and so-called Court of Arbitration, and has consistently maintained that the very establishment of this alleged arbitral body constitutes a grave violation of the Indus Waters Treaty”.

“Accordingly, India has never appeared before this body and has refused to take any cognisance of its earlier pronouncements,” said the Ministry.

India had placed the Indus Waters Treaty “in abeyance” following the Pahalgam terror attack on April 22, 2025, and the MEA, in its response on Monday (August 31, 2026), reiterated its position. “India’s decision to hold the Indus Waters Treaty in abeyance remains in force,” it said.

The MEA also said that “this so-called Court of Arbitration has no jurisdiction whatsoever to pronounce on India’s sovereign decisions”, and said that the court’s pronouncements, “now or in the future, will have no effect on India’s actions in connection with the projects being undertaken by India”.

Pakistan’s plea

Earlier, the arbitration body, considering Pakistan’s plea, examined the reasons under which India placed the treaty “in abeyance” and said that “none of these grounds could justify suspension or termination of the Treaty”.

Issuing an “award” on the ‘Status of the Indus Waters Treaty and Order on Interim Measures concerning the Ratle Hydro-Electric Plant (RHEP)’, the Permanent Court of Arbitration said, “Accordingly, the Indus Waters Treaty remains fully in force, and India must observe its obligations under the Treaty, including those relating to the design and operation of its hydro-electric projects on the Western Rivers.”

It had also considered Pakistan’s plea on imposing measures on India regarding the RHEP, saying, “In a unanimous decision, the Court decided to impose measures prohibiting India from concreting the RHEP dam wall and power intake structure above certain levels until 90 days after the Neutral Expert’s final decision, which is expected in July 2027.”

The Court of Arbitration is chaired by Prof. Sean D. Murphy of the United States and comprises Prof. Wouter Buytaert of Belgium, Prof. Jeffrey P. Minear of the United States, Judge Awn Shawkat Al-Khasawneh of Jordan, and Dr. Donald Blackmore of Australia.