🚨 India Rejects Court of Arbitration’s “Supplemental Award” on Kishenganga & Ratle Projects

 Suryavanshi IAS Special Series: Water Diplomacy & National Sovereignty

🚨 India Rejects Court of Arbitration’s “Supplemental Award” on Kishenganga & Ratle Projects

✍️ For UPSC Aspirants | GS II – IR | GS III – Energy & Security | Essay | Ethics

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📍 1. RECAP: What Happened on June 27, 2025?

India categorically rejected the “supplemental award” issued by a so-called Court of Arbitration set up at Pakistan’s request under the Indus Waters Treaty.

India’s stand:

• Never recognised the Court’s legality.
• Treaty is in abeyance after Pahalgam terror attack.
• Actions of the CoA are null and void.
• Treaty obligations are not binding until Pakistan stops cross-border terrorism.

🧾 MEA Statement:

“No Court of Arbitration, much less this illegally constituted arbitral body, has jurisdiction to examine India’s sovereign actions.”

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📚 2. Background: Understanding the Indus Waters Treaty (IWT)

🔹 Signed: 1960 (India–Pakistan)

🔹 Brokered by: World Bank

🔹 Objective: Peaceful sharing of Indus basin rivers

🔹 Division:

• India: Sutlej, Beas, Ravi
• Pakistan: Indus, Jhelum, Chenab (India can use these non-consumptively)

🧠 UPSC Note:

• Treaty has survived wars and conflicts but not updated for modern realities: terrorism, climate change, or evolving hydrology.

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⚙️ 3. Project Details: Kishenganga & Ratle

🏞️ Kishenganga Project (330 MW):

• Location: Gurez, Bandipora (J&K)
• Type: Run-of-the-river
• Pakistan’s Concern: Water diversion from Neelum

🏞️ Ratle Project (850 MW):

• Location: River Chenab, Kishtwar (J&K)
• Pakistan’s Concerns: Design specs (pondage, spillway gates)

🔎 India’s Response:

• Both projects are fully compliant with IWT.
• Run-of-the-river projects do not stop or consume Pakistan’s share of water.

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🧩 4. The Pakistan Strategy: Tactical Use of IWT

• Pakistan uses IWT as a diplomatic weapon to:
• Stall India’s clean energy growth.
• Internationalise Kashmir issue.
• Distract from its own internal failings.
• Buy time under the garb of legal delay.

🧠 GS II Insight:

Pakistan’s approach is “lawfare” — using international law mechanisms to constrain India’s actions.

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🏦 5. The Role of the World Bank

• As per the Treaty, World Bank plays a “neutral facilitator” role.
• But in 2016, it entertained Pakistan’s unilateral request, leading to:
• A Court of Arbitration (CoA)
• And a Neutral Expert – both proceeding simultaneously, creating treaty violation

India opposed this, stating it:

“Defies the Treaty’s built-in conflict resolution mechanism and invites parallel, conflicting rulings.”

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🇮🇳 6. India’s Constitutional and Sovereign Stand

• Right to Natural Resources – Constitution (Article 39(b)): equitable distribution for national development.
• Right to Life (Art. 21) includes environment, water security, energy.
• India asserts: No foreign body can override our sovereignty and developmental rights.

🧠 GS-II and Ethics crossover:

Can India allow terror-linked countries to exploit treaties designed for peace? Where is the line between idealism and realism in foreign policy?

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🪔 7. Cultural-Religious Sentiment: Water is Dharma

In Sanatana Dharma, rivers are sacred mothers:

• Ganga, Yamuna, Sindhu (Indus) — divine lifelines.
• Restricting India from using its own sacred rivers is not just legal interference — it’s a violation of faith and tradition.

🕉️ Perspective for Essay:

“Jal hi Jeevan hai” is not just a slogan but cultural truth for Bharat. Water, like Dharma, must flow freely and wisely.

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🗺️ 8. Strategic Way Forward

1. Reclaiming Narrative:

Frame Pakistan’s objections as attempts to obstruct India’s green energy goals and regional stability.

2. Hydro-Diplomacy with Allies:

Build partnerships with Bhutan, Nepal, and Central Asia on sustainable hydropower cooperation.

3. Strengthening River Management:

• Build more storage dams on India’s rivers under Eastern allocation.
• Integrate climate resilience and disaster-proofing in all river projects.

4. Revise the Treaty:

• Explore scope to renegotiate under changed circumstances clause of international treaties.
• Add clauses for terrorism impact, climate change and data transparency.

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📝 9. UPSC-Oriented Summary Table

Dimension	Detail
Treaty Name	Indus Waters Treaty, 1960
Signed By	India, Pakistan, World Bank
Latest Issue	Supplemental Award on Kishenganga & Ratle by CoA
India’s Response	Treaty in abeyance post Pahalgam attack
Legal Grounds	Sovereignty, breach of Article IX, terrorism impact
UPSC Relevance	GS II (IR), GS III (Energy), Ethics, Essay

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🙏 Final Thought: “Jal Neeti” is “Rashtra Neeti”

In an era where water is the new oil, India must move from water-sharing to water-security diplomacy, anchored in:

• Strategic autonomy
• Cultural reverence
• Legal clarity
• National security

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📘 Next Blog in the Series: “Mekong, Brahmaputra & Beyond: India’s Hydro-diplomacy in the Indo-Pacific”