India seeks to amend Indus Water Treaty, sends formal notice to Pakistan

New Delhi: India issued a formal notice to Pakistan on its intention to review and modify the Indus Water Treaty (IWT) under Article XII(3) of the agreement, news agency ANI reported. The notification served on August 30 calls for government-to-Government negotiations, citing fundamental and unforeseen changes in circumstances that necessitate a reassessment of the obligations outlined in the Treaty.

India’s notice urges Pakistan to engage in talks to modify the Treaty under the provisions of Article XII(3), which states, "Provisions of this treaty may from time to time be modified by a duly ratified treaty concluded for that purpose between the two Governments."

This is not the first time India has sought to review the Treaty. Last year, India approached Pakistan for discussions, but no substantive response was received. A month has passed since the latest diplomatic note was sent in August, and Pakistan has yet to reply.

In its recent notification, India underscored the significant global changes that have occurred since the Treaty was signed in 1960. The note stressed the need for talks, particularly given India's growing dependence on hydropower as part of its clean energy goals and the requirement to meet its emission reduction targets.

Another key reason behind India’s push for amendments lies in the ongoing disputes over the Kishanganga and Ratle hydroelectric projects. These projects have been the subject of international arbitration, with both the neutral expert mechanism and the Court of Arbitration being activated by the World Bank to address the concerns. India has called for a re-evaluation of the Treaty’s dispute resolution framework, which it believes is outdated.

The Indus Water Treaty, signed in Karachi in 1960 by Indian Prime Minister Jawaharlal Nehru and Pakistani President Ayub Khan, governs the distribution of water from six rivers.

The Treaty grants India unrestricted use of the water from the three eastern rivers – Sutlej, Beas, and Ravi – while the water from the three western rivers – Indus, Jhelum, and Chenab – is allocated to Pakistan. However, India retains the right to generate hydroelectric power through run-of-the-river projects on the western rivers, provided it adheres to specific design criteria.