Indus water treaty is a highly significant agreement  in the history Pakistan, regulating the shared water resources between India and Pakistan i.e, Indus River system. The Indus river originates in the southwestern Tibet Autonomous Region of China. It flows through the Jammu Kashmir and then throughout the  Pakistan.  Indus water treaty was signed between India and Pakistan on September 19, 1960, with retrospective effect from April 1,1960 . This treaty was brokered by the  World  Bank.  Pakistan was represented by the Marshall law Administrator Muhammad Ayub Khan while India was represented by then Prime Minister of India Mr. Jawaharlal Nehru .

Indus Water Treaty is composed of 74 pages , 12 articles  and 8 annexures.  It had a transition period of 10 years untill 1970 , and it doesnot contain any expiry clause. The preamble of the treaty highlights the objective of the treaty which is  fixing and delimiting  the rights and obligations of each in relation to the other concerning the use of these waters in a spirit of goodwill  and friendship. The treaty is aimed to divide the six rivers of Indus River System between India and Pakistan in order to avoid water related conflicts between the two nations which are already hostile towards each other.

Division of the rivers under the treaty is quite simple , three Eastern rivers  , Ravi ,Sutlej,  and beas were allocated to India for exclusive use while the three Western rivers Indus, Jhelum and Chenab were given to Pakistan. Article II of the Indus Water Treaty states that India shall have the exclusive use of the waters of Ravi , Sutlej and Beas. Article III of IWT provides that  Pakistan shall have the unrestricted use of Western rivers Indus , Jhelum and Chenab. Moreover, India is authorized for the limited use of these rivers such as for domestic needs, non-consumptive uses, certain agricultural purposes, and hydroelectric power generation.

However , this  right is restricted, as India is prohibited from using the western rivers in a manner that could  reduce the quantity of water flow to Pakistan. India also cannot use these rivers in a way that would delay the timing of water flow to Pakistan.  Consequently, it can only make run-of -the -river dams. Run-of-the-river dams are hydroelectric power generation systems that divert river water through turbines to generate electricity without significantly storing water in large reservoirs.  India is also not allowed to store water in any manner or construct storage works on the western rivers.

Article XI of the treaty discusses dispute resolution.  Conflicts between the parties can either be termed as questions , differences or disputes. The initial conflict is called a Question and is to be referred to the Permanent Indus Commission (PIC) . If PIC fails to resolve the question then  it becomes a difference. The difference is  refered to a neutral expert. The decision of a neutral expert is final and binding. The conflict can be taken to arbitration if the difference doesnot fall in the domain of neutral expert or if he rules that it  should be treated as a dispute. Several conflicts have arisen between both the countries over time. The Kishanganga Hydroelectric Project is the only case that was formally resolved through arbitration. Another important case is Baglihar dam case which was resolved  through a neutral expert .

The Indus Water Treaty is widely recognized as one of the most enduring and successful water sharing agreements in the world. The treaty has remained in effect for over six decades. Regardless of the border tensions, constant political hostilities and multiple military conflicts and wars between the two countries, it has successfully withstood the longest period of six decades untill now . India,  following the Pahalgam incident India falsely accusing Pakistan of the attack and held the Indus Water Treaty in abeyance , making the first such move since 1960.

However, neither India nor Pakistan can unilaterally terminate the treaty. According to Article XII(4) of the IWT, the treaty may only be terminated or replaced by another treaty, mutually ratified by both parties. The IWT doesnot have any provision for unilateral suspension or withdrawal. It was intended to be of indefinite duration, not tied to specific governments or political regimes, but binding on the states themselves. It has no exit clause, and walking away from it would be considered a breach of its obligations under international law. So India, unilaterally without Pakistan’s ratification cannot walk away from the treaty.

In conclusion, for the compliance of International law and mutual peace, both the countries should remain committed to the peaceful dispute resolution. India and Pakistan, the two neighboring nuclear armed states must understand the importance of such a treaty for the regulation of shared water resources, not only for their national interests but also for regional and global peace and stability. Millions of people depend on the Indus Basim, and such breaches are endangering for their lives. Mutual dialogue and legal cooperation is necessary to ensure the  enduring success of the treaty .