India claims the court lacks jurisdiction and rejects the World Bank-backed Indus Waters verdict


India on Monday dismissed a ruling by the Permanent Court of Arbitration stating that the Indus Waters Treaty, which New Delhi has suspended, continues to remain in effect. India rejected the decision, calling the court “illegally constituted” and asserting that it had “no jurisdiction whatsoever” to rule on the country’s sovereign decisions.

“The decision by India to keep the Indus Waters Treaty in abeyance remains in force,” the Ministry of External Affairs said in a statement. The response came soon after the Permanent Court of Arbitration in The Hague directed India to restrict work on a hydroelectric project in Jammu and Kashmir and comply with the Indus Waters Treaty with Pakistan. India suspended the treaty in response to Pakistan’s alleged backing of terrorist activities.

The government reiterated that it has never recognised the so-called Court of Arbitration as legally valid and has consistently rejected its proceedings and previous decisions.

Referring to the “illegally constituted so-called Court of Arbitration”, India said the body was established by the World Bank in “patent breach” of the provisions of the Indus Waters Treaty.

“Today, the illegally constituted so-called Court of Arbitration (CoA) issued what it described as an award concerning Interim Measures and the status of the Indus Waters Treaty,” the government said.

It added that the court was formed in clear violation of the treaty and that India “categorically rejects” its latest award, just as it has rejected all earlier pronouncements issued by the body.

India also stressed that it has never appeared before the court and has declined to recognise or act upon its previous rulings.

INDIA SAYS AWARD WILL NOT IMPACT ITS PROJECTS

The government maintained that the Court of Arbitration has no authority to adjudicate on India’s sovereign decisions, including those concerning projects being developed by the country.

“This so-called Court of Arbitration has no jurisdiction whatsoever to pronounce on India’s sovereign decisions,” India said.

It further stated that the body’s rulings, whether issued now or in the future, “will have no effect” on India’s actions concerning projects being carried out within the country.

India once again underlined its view that the creation of the arbitral body itself amounts to a serious violation of the Indus Waters Treaty.

TREATY CONTINUES TO REMAIN IN ABEYANCE

India reiterated that its decision to keep the Indus Waters Treaty in abeyance remains unchanged.

“India’s decision to hold the Indus Waters Treaty in abeyance remains in force,” the government said.

The latest rejection reflects India’s longstanding position that the Court of Arbitration was not lawfully established under the treaty and that its rulings have no impact on India’s actions.


 

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