Citing lack of jurisdiction, India rejects the Hague Tribunal’s ruling on the Indus Waters Treaty

The MEA said that “this so-called arbitral tribunal has no jurisdiction to adjudicate on India’s sovereign decisions”. File | Photo credit: Reuters

Hours after the Permanent Court of Arbitration in The Hague declared that the Indus Waters treaty remained “in full force” and called on India to “abide by its obligations”, the Ministry of External Affairs (MEA) rejected it, saying that “the very establishment of this alleged arbitral body” was itself a “serious breach” of the treaty.

“This so-called tribunal was established by the World Bank in clear violation of the terms of the treaty and India categorically rejects its so-called award,” the ministry said on Monday (31 Aug 2026).

He further stated that India has “never legally recognized the existence of this illegally constituted and so-called arbitral tribunal and has consistently maintained that the very establishment of this so-called arbitral body is a serious violation of the Indus Waters Treaty”.

“Therefore, India never appeared before this body and refused to take cognizance of its earlier statements,” the ministry said.

India “put the Indus Waters Treaty on hold” after the Pahalgam terror attack on April 22, 2025, and the MEA reiterated its position in its reply on Monday (August 31, 2026). “India’s decision to suspend the Indus Water Treaty remains in effect,” it said.

The MEA also said that “this so-called arbitral tribunal has no jurisdiction to comment on India’s sovereign decisions” and said that the court’s rulings “will have no bearing now or in the future on India’s actions in relation to projects undertaken by India”.

Pakistan’s plea

Earlier, considering Pakistan’s request, the arbitral body had examined the grounds on which India had “suspended” the treaty and said that “none of these grounds can justify the suspension or termination of the treaty”.

The Permanent Court of Arbitration issued an “award” on the “Status of the Indus Waters Treaty and the Ratle Hydroelectric Power (RHEP) Provisional Measures Order” and said: “Accordingly, the Indus Waters Treaty remains in full force and effect and India must comply with its obligations under the treaty, including those relating to the design and operation of its hydroelectric dams on the western river.”

It also weighed in on Pakistan’s request to impose measures against India on the RHEP, saying: “The court, in a unanimous decision, decided to impose measures prohibiting India from concreting the RHEP dam wall and power supply structure above a certain level within 90 days of the final decision of the neutral expert, which is expected in July 2027.”

The arbitration court is chaired by prof. Sean D. Murphy from the United States and its members are Prof. Wouter Buytaert from Belgium, prof. Jeffrey P. Minear from the United States, Judge Awn Shawkat Al-Khasawneh from Jordan and Dr. Donald Blackmore from Australia.

Published – 31 Aug 2026 22:20 IST