India has formally issued a notification to Pakistan requesting a review of the Indus Water Treaty (IWT), citing “fundamental and unforeseen” changes in circumstances that warrant a reassessment of the long-standing water-sharing agreement. The notice, dated August 30, was sent under Article XII(3) of the treaty, government sources told The Hindu on Wednesday, September 18.
The Indus Water Treaty, signed between India and Pakistan on September 19, 1960, following nine years of intense negotiations, outlines the cooperative use and management of transboundary rivers. The World Bank acted as a signatory to the treaty, which is widely regarded as a successful model of water resource management between the two neighbouring countries.
India’s request for a treaty review is driven by several pressing concerns, including demographic shifts, environmental challenges, and the country’s growing need to accelerate clean energy development to meet its emission reduction targets. India argues that these significant changes justify a re-evaluation of its obligations under the treaty, particularly in light of its evolving energy demands and commitments to environmental sustainability.
In addition to these factors, India has cited the ongoing threat of cross-border terrorism as another critical reason for seeking a reassessment of the treaty. The rising tensions and security concerns in the region, India contends, add complexity to the implementation of the treaty’s provisions.
The notification also comes in the backdrop of a prolonged dispute between India and Pakistan over the Kishanganga and Ratle hydroelectric projects. These projects have been at the centre of disagreements regarding the allocation of water resources and the interpretation of the treaty’s provisions.
The World Bank, in response to these disputes, has activated both the neutral-expert mechanism and the Court of Arbitration to address issues related to the projects. India, however, has criticized this dual activation as inconsistent with the IWT’s prescribed three-step dispute resolution mechanism. According to the treaty, disputes should be first addressed through bilateral discussions, followed by third-party mediation, and only then escalated to arbitration if necessary.
India has chosen to resolve the Kishanganga and Ratle project disputes through the neutral-expert process and has not participated in the ongoing Court of Arbitration proceedings. Officials argue that pursuing both processes simultaneously undermines the treaty’s carefully structured conflict resolution framework.
Through its latest notification, India has called on Pakistan to engage in government-level talks to reassess the treaty under Article XII(3). This provision allows for a review of the agreement, provided both countries agree to negotiate. India’s move reflects its growing desire to modernize the 63-year-old treaty, in line with its current energy, environmental, and security challenges.
The request for a review of the Indus Water Treaty marks a significant development in the complex bilateral relationship between India and Pakistan. While the treaty has withstood the test of time, the evolving geopolitical and environmental landscape in the region has placed new pressures on its provisions, prompting India to seek a fresh evaluation.
