March 31, 2023
  • India issued the notice in view of Pakistan’s noncompliance in resolving disputes over Kishenganga (on Kishenganga River, tributary of Jhelum) and Ratle hydropower projects (on Chenab River), both in Jammu and Kashmir.
    • India is allowed to construct hydroelectric power facilities on tributaries of Jhelum and Chenab rivers with certain restrictions under IWT, 1960.
  • Dispute redressal mechanism provided under Article IX of IWT is a graded mechanism. It’s a 3-level mechanism.
  • World Bank’s (WB) role is largely procedural and limited to designating neutral experts (NE) or chair of Court of Arbitration (CoA).
  • India has invoked Article XII (3) of treaty i.e., a provision to amend Treaty. Treaty can be amended or terminated only with duly ratified treaty between two countries.

Development of dispute

  • 2015: Pakistan sought appointment of NE to examine technical objections to Kishanganga and Ratle HEPs.
  • 2016: Pakistan approached WB for CoA constitution.
  • Whereas, India asked for appointment of NE and argued that Pakistan’s request for CoA violated graded mechanism of dispute resolution in Treaty.
  • 2022: WB resumes process of appointing NE and Chairman for CoA.

IWT, water sharing treaty, signed in 1960 by India and Pakistan with WB as a third-party guarantor. It delimits the rights and obligations of both countries concerning the use of waters on Indus River System. It allocates Western Rivers (Indus, Jhelum, Chenab) to Pakistan and Eastern Rivers (Ravi, Beas, Sutlej) to India.

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