The Old Indus Water Treaty Is As Good As Gone—Here’s What The New One Should Say

Comparisons are at best tenuous but holding the Indus Water Treaty, 1960 (IWT) in abeyance will go down in history as Prime minister Narendra Modi's greatest achievement, superseding 370 abrogation, CAA, and ground-breaking welfare measures like Swachh Bharat and Ujjwala. 

This is because, in a single stroke, he has not only corrected yet another gargantuan Nehruvian blunder (Article 370 being another) that made India suffer intolerably for half a century, he has ensured long-term peace in the region through leveraging a mechanism that puts the onus of maintaining peace squarely on the terror state of Pakistan. 

Such a mechanism - a Waters Treaty, it should be emphasised, does not exist between China and any of its neighbours, including India, that share river waters with it. That it existed between India and Pakistan, and was so lopsided in Pakistan's favour, and was never revisited despite multiple wars and terror attacks perpetrated by Pakistan, is inexcusable.

War or retributive actions like surgical strikes or Operation Sindoor are required to teach the enemy a lesson. But because there is a cost (economic and social) for it, even for India, war is not the best deterrent. Leveraging the Indus Waters is. It is a tap, and depending upon how Pakistan behaves, the tap can gush either peace or war. The well-being, safety, prosperity, and livelihood of its people are in Pakistan's hands.

PM Modi must now ensure that the IWT is kept in abeyance till such time it is redrafted and the revised form put forward, if at all, for an agreement between the two nations of India and Pakistan.

Here is an article by article, clause by clause redrafting of the Indus Waters Treaty, 1960, that could serve as a template for its revision.

INDUS WATERS TREATY, 2025

PREAMBLE

The Government of India and the Government of Pakistan, being equally desirous of attaining the most complete and satisfactory utilisation of the waters of the Indus system of rivers and recognising the need, therefore, of fixing and delimiting, in a spirit of goodwill and friendship, the rights and obligations of each in relation to the other concerning the use of these waters and of making provision for the settlement, in a cooperative spirit, of all such questions as may hereafter arise in regard to the interpretation or application of the provisions agreed upon herein, have resolved to conclude a Treaty in furtherance of these objectives, and for this purpose have named as their plenipotentiaries:

THE GOVERNMENT OF INDIA

Shri JAWAHARLAL NEHRU, Prime Minister of India

and

THE GOVERNMENT OF PAKISTAN
Field Marshal MOHAMMAD AYUB KHAN, HP., H.J., President of Pakistan

who, having communicated to each other their respective Full Powers and having found them in good and due form, have agreed upon the following Articles and Annexures:

The Government of India, steadfast in its commitment to the sovereign and equitable utilisation of the waters of the Indus system of rivers, and the Government of Pakistan, recognising the imperative of fostering peace and stability in the region, acknowledge the need to define and delimit, in a spirit of mutual respect and cooperation, the rights and obligations of each concerning the use of these waters. The Government of India, while reaffirming its dedication to goodwill and cooperative resolution of disputes, underscores its unwavering resolve to safeguard its national security and territorial integrity.

Any act of cross-border terrorism, directly or indirectly supported, will be met with severe and decisive consequences, jeopardizing the stability essential for bilateral agreements. To this end, both Governments commit to provisions for the fair and just management of the Indus waters and for the settlement, in a cooperative spirit, of any questions arising from the interpretation or application of this Treaty. For this purpose, they have named as their plenipotentiaries:

THE GOVERNMENT OF INDIA:

Shri NARENDRA MODI, Prime Minister of India

and

THE GOVERNMENT OF PAKISTAN
Miyan SHEHBAZ SHARIF, Prime Minister of Pakistan

who, having communicated to each other their respective Full Powers and having found them in good and due form, have agreed upon the following Articles and Annexures:

ARTICLE I: DEFINITIONS

1. The term "Eastern Rivers" means The Sutlej, The Beas and The Ravi taken together.

2. The term 'Western Rivers" means The Indus, The Jhelum and The Chenab taken together.

3. The term "the Rivers" means all the rivers, The Sutlej, The Beas, The Ravi, The Indus, The Jhelum and The Chenab.

4. The term "Agricultural Use" means the use of water for irrigation, except for irrigation of household gardens and public recreational gardens.

5. The terms "Domestic Use" means the use of water for drinking, washing, bathing, recreation, sanitation (including the conveyance and dilution of sewage and of industrial and other wastes), stock and poultry, and other like purposes

1. The term "Eastern Rivers" means The Sutlej, The Beas and The Ravi taken together.

2. The term 'Western Rivers" means The Indus, The Jhelum and The Chenab taken together.

3. The term "the Rivers" means all the rivers, The Sutlej, The Beas, The Ravi, The Indus, The Jhelum and The Chenab.

4. The term "Agricultural Use" means the use of water for irrigation, except for irrigation of household gardens and public recreational gardens.

5. The terms "Domestic Use" means the use of water for drinking, washing, bathing, recreation, sanitation (including the conveyance and dilution of sewage and of industrial and other wastes), stock and poultry, and other like purposes.

6. "Run-of-River Projects" include hydroelectric projects with minimal downstream flow alteration.

7. "Storage Capacity" refers to water storage for irrigation, power generation, flood control, or other purposes.

8. "Violation" refers to any action that contravenes the terms of this Treaty, including unauthorized objections, interference with India's projects, or failure to comply with dispute resolution outcomes.

ARTICLE II: PROVISIONS REGARDING EASTERN RIVERS

1. All the waters of the Eastern Rivers shall be available for the unrestricted use of India, except as otherwise expressly provided in this Article.

2. Except for Domestic Use and Non-Consumptive Use, Pakistan shall be under an obligation to let flow, and shall not permit any interference with, the waters of the Sutlej Main and the Ravi Main in the reaches where these rivers flow in Pakistan and have not yet finally crossed into Pakistan. The Points of final crossing are the following : (a) near the new Hasta Bund upstream of Suleimanke in the case of the Sutlej Main, and (b) about one and a half miles upstream of the syphon for the B-R-B-D Link in the case of the Ravi Main.

3. Except for Domestic Use, Non-Consumptive Use and Agricultural Use (as specified in Annexure B), Pakistan shall be under an obligation to let flow, and shall not permit any interference with, the waters (while flowing in Pakistan) of any Tributary which in its natural course joins the Sutlej Main or the Ravi Main before these rivers have finally crossed into Pakistan.

4. All the waters, while flowing in Pakistan, of any Tributary which, in its natural course, joins the Sutlej Main or the Ravi Main after these rivers have finally crossed into Pakistan shall be available for the unrestricted use of Pakistan : Provided however that this provision shall not be construed as giving Pakistan any claim or right to any releases by India in any such Tributary. If Pakistan should deliver any of the waters of any such Tributary, which on the Effective Date joins the Ravi Main after this river has finally crossed into Pakistan, into a reach of the Ravi Main upstream of this crossing, India shall not make use of these waters; each Party agrees to establish such discharge observation stations and make such observations as may be necessary for the determination of the component of water available for the use of Pakistan on account of the aforesaid deliveries by Pakistan, and Pakistan agrees to meet the cost of establishing the aforesaid discharge observation stations and making the aforesaid observations.

5. There shall be a Transition Period during which, to the extent specified in Annexure H, India shall limit its withdrawals for Agricultural Use, limit abstractions for storages, and

make deliveries to Pakistan from the Eastern Rivers. The Transition Period shall begin on 1st April 1960 and it shall end on 31st March 1970, or, if extended under the provisions of Part 8 of Annexure H, on the date up to which it has been extended. In any event, whether or not the replacement referred to in Article IV(1) has been accomplished, the Transition Period shall end not later than 31st March 1973. If the Transition Period is extended beyond 31st March 1970, the Provisions of Article V(5) shall apply. If the Transition Period is extended beyond 31st March 1970, the provisions of Paragraph (5) shall apply during the period of extension beyond 31st March 1970.

6. During the Transition Period, Pakistan shall receive for unrestricted use the waters of the Eastern Rivers which are to be released by India in accordance with the provisions of Annexure H. After the end of the Transition Period, Pakistan shall have no claim or right to releases by India of any of the waters of the Eastern Rivers. In case there are any releases, Pakistan shall enjoy the unrestricted use of the waters so released after they have finally crossed into Pakistan : Provided that in the event that Pakistan makes any use of these waters, Pakistan shall not acquire any right whatsoever, by prescription or otherwise, to a continuance of such releases or such use.

1. India shall have absolute and unrestricted use of all waters of the Eastern Rivers (Ravi, Beas, Sutlej) for any purpose, including irrigation, hydropower, industrial, domestic, or strategic use, with no obligation to release any flows to Pakistan. Any release by India of the said waters would be conditional upon its evaluation of adherence to the promise of abandonment of cross-border terrorism by the recipient.

ARTICLE III: PROVISIONS REGARDING WESTERN RIVERS

1. Pakistan shall receive for unrestricted use all those waters of the Western Rivers which India is under obligation to let flow under the provisions of Paragraph (2).

2. India shall be under an obligation to let flow all the waters of the Western Rivers, and shall not permit any interference with these waters, except for the following uses, restricted (except as provided in item (c) (11) of Paragraph 5 of Annexure C) in the case of each of the rivers, The Indus, The Jhelum and The Chenab, to the drainage basin thereof Domestic Use; Non-Consumptive Use; Agricultural Use, as set out in Annexure C; and Generation of hydro-electric power, as set out in Annexure D.

3. Pakistan shall have the unrestricted use of all waters originating from sources other than the Eastern Rivers which are delivered by Pakistan into The Ravi or The Sutlej, and India shall not make use of these waters. 

4. Each Party agrees to establish such discharge observation stations and make such observations as may be considered necessary by the Commission for the determination of the component of water available for the use of Pakistan on account of the aforesaid deliveries by Pakistan. Except as provided in Annexure D and E, India shall not store any water of, or construct any storage works on, the Western Rivers.

1.  India shall have the right to utilize up to 50% of the average annual flow of the Western Rivers (Indus, Jhelum, Chenab) for any purpose, including consumptive uses, subject to the provisions of Article III.

2. Pakistan shall be entitled to the remaining flow of the Western Rivers, subject to India's rights under Clause 2, Article IV.

3. India may unilaterally adjust the percentage of Western Rivers' flow utilization at any time without prior notification to Pakistan, based on its developmental, environmental, strategic, or security needs.

4. India shall have absolute authority to construct, operate, and maintain run-of-river projects, storage dams, barrages, and any other infrastructure on the Western Rivers, with no limit on storage capacity, project scale, or purpose.

5. India may develop multipurpose projects (irrigation, flood control, hydropower, or strategic uses) on the Western Rivers without any restrictions.

6. India may, at its discretion, provide Pakistan with minimal project information (e.g., project name) one month prior to construction, for informational purposes only. Pakistan’s comments or objections shall have no legal or practical effect on India's projects.

7. India reserves the right to initiate, modify, or complete projects without any notification in cases of national interest, security, or urgency.

ARTICLE IV: PROVISIONS REGARDING EASTERN RIVERS AND WESTERN RIVERS

1. Pakistan shall use its best endeavours to construct and bring into operation, with due regard to expedition and economy, that part of a system of works which will accomplish the replacement, from the Western Rivers and other sources, of water supplies for irrigation canals in Pakistan which, on 15th August 1947, were dependent on water supplies from the Eastern Rivers .

2. Each Party agrees that any Non-Consumptive Use made by it shall be so made as not to materially change, on account of such use, the flow in any channel to the prejudice of the uses on that channel by the other Party under the provisions of this Treaty. In executing any scheme of flood protection or flood control each Party will avoid, as far as practicable, any material damage to the other Party, and any such scheme carried out by India on the Wejern Rivers shall not involve any use of water or any storage in addition to that provided under Article III.

3. Nothing in this Treaty shall be construed as having the effect of preventing either Party from undertaking schemes of drainage, river training, conservation of soil against erosion and dredging, or from removal of stones, gravel or sand from the beds of the Rivers : Provided that in executing any of the schemes mentioned above, each Party will avoid, as far as practicable, any material damage to the other Party; any such scheme carried out by India on the Western Rivers shall not involve any use of water or any storage in addition to that provided under Article III; except as provided in Paragraph (5) and Article VII(l)(b), India shall not take any action to increase the catchment area, beyond the area on the Effective Date, of any natural or artificial drainage or drain which crosses into Pakistan, and shall not undertake such construction or remodelling of any drainage or drain which so crosses or falls into a drainage or drain which so crosses as might cause material damage in Pakistan or entail the construction of a new drain or enlargement of an existing drainage or drain in Pakistan; and should Pakistan desire to increase the catchment area, beyond the area on the Effective Date, of any natural or artificial drainage or drain, which receives drainage waters from India, or, except in an emergency, to pour any waters into it in excess of the quantities received by it as on the Effective Date, Pakistan shall, before undertaking any work for these purposes, increase the capacity of that drainage or drain to the extent necessary so as not to impair its efficacy for dealing with drainage waters received from India as on the Effective Date.

4. Pakistan shall maintain in good order its portions of the drainages mentioned below with capacities not less than the capacities as on the Effective Date: Hudiara Drain, Kasur Nala, Salimshah Drain, Fazilka Drain. If India finds it necessary that any of the drainages mentioned in Paragraph (4) should be deepened or widened in Pakistan, Pakistan agrees to undertake to do so as a work of public interest, provided India agrees to pay the cost of the deepening or widening.

5. Each Party will use its best endeavours to maintain the natural channels of the Rivers, as on the Effective Date, in such condition as will avoid, as far as practicable, any obstruction to the flow in these channels likely to cause material damage to the other Party. Neither Party will take any action which would have the effect of diverting the Ravi Main between Madhopur and Lahore, or the Sutlej Main between Harike and Suleimanke, from its natural channel between high banks. The use of the natural channels of the Rivers for the discharge of flood or other excess waters shall be free and not subject to limitation by either Party, and neither Party shall have any claim against the other in respect of any damage caused by such use. Each Party agrees to communicate to the other Party, as far in advance as practicable, any information it may have in regard to such extraordinary discharges of water from reservoirs and flood flows as may affect the other Party.

6. Each Party declares its intention to operate its storage dams, barrages and irrigation canals in such manner, consistent with the normal operations of its hydraulic systems, as to avoid, as far as feasible, material damage to the other Party. Each Party declares its intention to prevent, as far as practicable, undue pollution of the waters of the Rivers which might affect adversely uses similar in nature to those to which the waters were put on the Effective Date, and agrees to take all reasonable measures to ensure that, before any sewage or industrial waste is allowed to flow into the Rivers, it will be treated, where necessary, in such manner as not materiallv to affect those uses: Provided that the criterion of reasonableness shall be the customary practice in similar situations on the Rivers. The Parties agree to adopt, as far as feasible, appropriate measures for the recovery, and restoration to owners, of timber and other property floated or floating down the Rivers, subject to appropriate charges being paid by the owners. The use of water for industrial purposes under Articles 11(2), 11(3) and HIM shall not exceed in the case of an industrial process known on the Effective Date, such quantum of use as was customary in that process on the Effective Date;

in the case of an industrial process not known on the Effective Date : (i) such quantum of use as was customary on the Effective Date in similar or in any way comparable industrial processes; or (ii) if there was no industrial process on the Effective Date similar or in any way comparable to the new process, such quantum of use as would not have a substantially adverse effect on the other Party. Such part of any water withdrawn for Domestic Use under the provisions of Articles 11(3) and 111(2) as is subsequently applied to Agricultural Use shall be accounted for as part of the Agricultural Use specified in Annexure B and Annexure C respectively; each Party will use its best endeavours to return to the same river (directly or through one of its Tributaries) all water withdrawn therefrom for industrial purposes and not consumed either in the industrial processes for which it was withdrawn or in some other Domestic Use.

7. In the event that either Party should develop a use of the waters of the Rivers which is not in accordance with the provisions of this Treaty, that Party shall not acquire by reason of such use any right, by prescription or otherwise, to a continuance of such use.

Except as otherwise required by the express provisions of this Treaty, nothing in this Treaty shall be construed as affecting existing territorial rights over the waters of any of the Rivers or the banks thereof or as affecting existing property rights under municipal law over such waters or beds or banks.

1. India may maintain ecological flows in the Western Rivers at its sole discretion, with no obligation to prioritize such flows over its developmental, strategic, or consumptive needs.

2. India may reduce, divert, or halt flows in the Western Rivers for any purpose, including reservoir filling, maintenance, project operations, or strategic requirements, without prior notification to Pakistan, except in non-emergency cases where a 7-day notice may be provided at India’s discretion.

3. India shall have the right to divert waters between any tributaries of the Indus System or redirect flows within its territory for optimal utilization, without obligation to maintain any flow volumes to Pakistan.

ARTICLE V: FINANCIAL PROVISIONS

1. In consideration of the fact that the purpose of part of the system of works referred to in Article IV(1) is the replacement, from the Western Rivers and other sources, of water supplies for irrigation canals in Pakistan which, on 15th August 1947, were dependent on water supplies from the Eastern Rivers, India agrees to make a fixed contribution of Pounds Sterling 62,060,000 towards the costs of these works. The amount in Pounds Sterling of this contribution shall remain unchanged irrespective of any alteration in the par value of any currency.

2. The sum of Pounds Sterling 62,060,000 specified in Paragraph (1) shall be paid in ten equal annual instalments on the Ist of November of each year. The first of such annual instalments shall be paid on lst November 1960, or if the Treaty has not entered into force by that date, then within one month after the Treaty enters into force. Each of the instalments specified in Paragraph (2) shall be paid to the Bank for the credit of the Indus Basin Development Fund to be established and administered by the Bank, and payment shall be made in Pounds Sterling, or in such other currency or currencies as may from time to time be agreed between India and the Bank.

3. The payments provided for under the provisions of Paragraph (3) shall be made without deduction or set-off on account of any financial claims of India on Pakistan arising otherwise than under the provisions of this Treaty : Provided that this provision shall in no way absolve Pakistan from the necessity of paying in other ways debts to India which may be outstanding against Pakistan.

If, at the request of Pakistan, the Transition Period is extended in accordance with the provisions of Article 11(6) and of Part 8 of Annexure H, the Bank shall thereupon pay to India out of the Indus Basin Development Fund the appropriate amount specified in the Table below :

TABLE

Extension Payment
to of Transition Period

One year stg. 3,125,000

Two years stg 6,406,250

Three years stg 9,850,000

4. The provisions of Article IV(1) and Article V(1) shall not be construed as conferring upon India any right to participate in the decisions as to the system of works which Pakistan constructs pursuant to Article IV(1) or as constituting an assumption of any responsibility by India or as an agreement by india in regard to such works.

5. Except for such payments as are specifically provided for in this Treaty, neither Party shall be entitled to claim any payment for observance of the provisions of this Treaty or'to make any charge for water received from it by the other Party.

1. There will be no financial obligations for India.

ARTICLE VI: EXCHANGE OF DATA

1. The following data with respect to the flow in, and utilisation of the waters of, the Rivers shall be exchanged regularly between the Parties: Daily (or as observed or estimated less frequently) gauge and discharge data relating to flow of the Rivers at all observation sites; Daily extractions for or releases from reservoirs; Daily withdrawals at the heads of all canals operated by government or by a government agency (hereinafter in this Article called canals), including link canals; Daily escapages from all canals, including link canals; Daily deliveries from link canals.

2. These data shall be transmitted monthly by each Party to the other as soon as the data for a calendar month have been collected and tabulated, but not later than three months after the end of the month to which they relate : Provided that such of the data specified above as are considered by either Party to be necessary for operational purposes shall be supplied daily or at less frequent intervals, as may be requested. Should one Party request the supply of any of these-data by telegram, telephone, or wireless, it shall reimburse the other Party for the cost of transmission.

3. If, in addition to the data specified in Paragraph (1) of this Article, either Party requests the supply of any data relating to the hydrology of the Rivers, or to canal or reservoir operation connected with the Rivers, or to any provision of this Treaty, such data shall be supplied by the other Party to the extent that these are available.

1. India is under no obligation to share any data on water utilization, project operations, or flows with Pakistan, except as it deems fit for diplomatic courtesy.

2. No joint monitoring mechanisms or inspections shall be permitted under any circumstances. Pakistan shall have no access to India’s infrastructure or data.

3. India reserves the right to classify all data related to the Indus System as confidential for national security, strategic, or operational reasons.

ARTICLE VII: FUTURE CO-OPERATION

1. The two Parties recognize that they have a common interest in the optimum development of the Rivers, and, to that end, they declare their intention to co-operate, by mutual agreement, to the fullest possible extent. In particular : Each Party, to the extent it considers practicable and on agreement by the other Party to pay the costs to be incurred, will, at the request of the other Party, set up or install such hydrologic observation stations within the drainage basins of the Rivers, and set up or install such meteorological observation stations relating thereto and carry out such observations thereat, as may be requested, and will supply the data so obtained.

2. Each Party, to the extent it considers practicable and on agreement by the other Party to pay the costs to be incurred, will, at the request of the other Party, carry out such new drainage works as may be required in connection with new drainage works of the other Party.

3. At the request of either Party, the two Parties may, by mutual agreement, co-operate in undertaking engineering works on the Rivers. The formal arrangements, in each case, shall be as agreed upon between the Parties. If either Party plans to construct any engineering work which would cause interference with the waters of any of the Rivers and which, in its opinion, would affect the other Party materially, it shall notify the other Party of its plans and shall supply such data relating to the work as may be available and as would enable the other Party to inform itself of the nature, magnitude and effect of the work. If a work would cause interference with the waters of any of the Rivers but would not, in the opinion of the Party planning it, affect the other Party materially, nevertheless the Party planning the work shall, on request, supply the other Party with such data regarding the nature, magnitude and effect, if any, of the work as may be available.

1. India asserts its sovereign right to unilaterally develop and manage the Indus System for its optimum benefit. At India’s sole discretion, Pakistan may be permitted to establish hydrologic or meteorological observation stations within its territory, provided Pakistan bears all costs and complies with India’s technical and security requirements. Any data collected shall be provided to India immediately and exclusively, and India reserves the right to withhold or restrict Pakistan’s access to such data for strategic or security reasons.

2. India may undertake any drainage or engineering works within its territory or on the Indus System as it deems necessary, without obligation to consult or notify Pakistan. If India determines that Pakistan’s drainage works are required to support India’s projects, Pakistan shall, at its own expense and upon India’s directive, implement such works according to India’s specifications. Failure to comply shall constitute a violation of the Treaty, subject to punitive measures.

ARTICLE VIII: PERMANENT INDUS COMMISSION

1. India and Pakistan shall each create a permanent post of Commissioner for Indus Waters, and shall appoint to this post, as often as a vacancy occurs, a person who should ordinarily be a high-ranking engineer competent in the field of hydrology and water-use. Unless either Government should decide to take up any particular question directly with the other Government, each Commissioner will be the representative of his Government for all. matters arising out of this Treaty, and will serve as the regular channel of communication on all matters relating to the implementation of the Treaty, and, in particular, with respect to

the furnishing or exchange of information or data provided for in the Treaty; and

the giving of any notice or response to any notice provided for in the Treaty.

2. The status of each Commissioner and his duties and responsibilities towards his Government will be determined by that Government. The two Commissioners shall together form the Permanent Indus Commission. The purpose and functions of the Commission shall be to establish and maintain co-operative arrangements for the, implementation of this Treaty, to promote co-operation between the Parties in the development of the waters of the Rivers and, in particular, to study and report to the two Governments on any problem relating to the development of the waters of the Rivers which may be jointly referred to the Commission by the two Governments : in the event that a reference is made by one Government alone, the Commissioner of the other Government shall obtain the authorization of his Government before he proceeds to act on the reference; to make every effort to settle promptly, in accordance with the provisions of Article IX(1), any question arising there under; to undertake, once in every five years, a general tour of inspection of the Rivers for ascertaining the facts connected with various developments and works on the Rivers, to undertake promptly, at the request of either Commissioner, a tour of inspection of such works or sites on the Rivers as may be considered necessary by him for ascertaining the facts connected with those works or sites; and to take, during the Transition Period, such steps as may be necessary for the implementation of the provisions of Annexure H.

3. The Commission shall meet regularly at least once a year, alternately in India and Pakistan. This regular annual meeting shall be held in November or in such other month as may be agreed upon between the Commissioners. The Commission shall also meet when requested by either Commissioner. To enable the Commissioners to perform their functions in the Commission, each Government agrees to accord to the Commissioner of the other Government the same privileges and immunities as are accorded to representatives of member States to the principal and subsidiary organs of the United Nations under Sections 11, 12 and 13 of Article IV of the Convention on the Privileges and Immunities of the United Nations (dated 13th February, 1946) during the periods specified in those Sections. It is understood and agreed that these privileges and immunities are accorded to the Commissioners not for the personal benefit of the individuals themselves but in order to safeguard the independent exercise of their functions in connection with the Commission; consequently, the Government appointing the Commissioner not only has the right but is under a duty to waive the immunity of its Commissioner in any case where, in the opinion of the appointing Government, the immunity would impede the course of justice and can be waived without prejudice to the purpose for which the immunity is accorded. For the purposes of the inspections specified in Paragraph (4) (c) and (d), each Commissioner may be accompanied by two advisers or assistants to whom appropriate facilities will be accorded.

4. The Commission shall submit to the Government of India and to the Government of Pakistan, before the first of June of every year, a report on its work for the year ended on the preceding 31st of March, and may submit to the two Governments other reports at such times as it may think desirable.

5. Each Government shall bear the expenses of its Commissioner and his ordinary staff. The cost of any special staff required in connection with the work mentioned in Article VII(1) shall be borne as provided therein.

6. The Commission shall determine its own procedures.

1. India shall establish an Indus Waters Authority, led by a Director appointed by the Government of India, who shall be a high-ranking official or engineer with expertise in hydrology, water-use, or strategic resource management. The Director shall have sole authority to oversee the implementation of this Treaty, represent India’s interests, and issue directives to ensure compliance with India’s water management policies. Pakistan shall appoint a Liaison Officer, subordinate to the Director, whose role is limited to receiving and implementing India’s instructions, providing data as requested by India, and ensuring Pakistan’s compliance with the Treaty. The Liaison Officer shall have no authority to initiate communications or represent Pakistan independently unless explicitly authorized by the Director.

2. The Indus Waters Authority, under the Director’s leadership, shall serve exclusively to advance India’s interests in the development, management, and strategic utilization of the Indus System. The Authority’s functions include issuing directives to Pakistan, overseeing Pakistan’s compliance, and approving or rejecting any proposals from Pakistan regarding water use or infrastructure. Pakistan’s Liaison Officer shall provide reports, data, or access to Pakistan’s territory as directed by the Authority, at Pakistan’s expense. The Authority may, at India’s discretion, conduct inspections of Pakistan’s water infrastructure to ensure compliance, but Pakistan shall have no right to inspect or access India’s infrastructure. The Authority shall not engage in cooperative arrangements unless initiated and controlled by India, and any failure by Pakistan to comply with the Authority’s directives shall constitute a violation of the Treaty, subject to punitive measures under Article XII.

3. The Indus Waters Authority shall convene at India’s discretion, exclusively in India, with Pakistan’s Liaison Officer attending only when summoned by the Director. Pakistan shall accord the Director and India’s representatives full diplomatic privileges and immunities, equivalent to those of senior UN officials, during any visits to Pakistan. India shall not accord reciprocal privileges to Pakistan’s Liaison Officer, who shall operate under India’s security protocols. The Authority may conduct inspections in Pakistan’s territory at any time, accompanied by any personnel India deems necessary, with Pakistan bearing all costs. Pakistan’s failure to facilitate inspections or comply with the Authority’s directives shall constitute a violation of the Treaty, subject to punitive measures under Article XII.

4. The Indus Waters Authority shall submit annual reports exclusively to the Government of India, detailing Pakistan’s compliance, water utilization, and any violations. Pakistan shall have no right to receive or request reports. The Authority may issue additional reports to India as needed, at its discretion, to support India’s strategic planning and resource management.

5. India shall determine the operational budget of the Indus Waters Authority, with Pakistan responsible for reimbursing India for any costs incurred in overseeing Pakistan’s compliance or conducting inspections in Pakistan’s territory. Pakistan shall bear all expenses of its Liaison Officer and any additional staff required to implement India’s directives.

6. The Indus Waters Authority shall operate according to procedures established solely by India, which may be amended at India’s discretion without consultation with Pakistan. Pakistan’s Liaison Officer shall comply with all procedures and directives issued by the Authority.

ARTICLE IX: SETTLEMENT OF DIFFERENCES AND DISPUTES

1. Any question which arises between the Parties concerning the interpretation or application of this Treaty or the existence of any fact which, if established, might constitute a breach of this Treaty shall first be examined by the Commission, which will endeavour to resolve the question by agreement. If the Commission does not reach agreement on any of the questions mentioned in Paragraph (1), then a difference will be deemed to have arisen, which shall be dealt with as follows : Any difference which, in the opinion of either Commissioner, falls within the provisions of Part I of Annexure F shall, at the request of either Commissioner, be dealt with by a Neutral Expert in accordance with the provisions of Part 2 of Annexure F; If the difference does not come within the provisions of Paragraph (2) (a), or if a Neutral Expert, in accordance with the provisions of Paragraph 7 of Annexure F, has informed the Commission that, in his opinion, the difference, or a part thereof, should be treated as a dispute, then a dispute will be deemed to have arisen which shall be settled in accordance with the provisions of Paragraphs (3), (4) and (5) : Provided that, at the discretion of the Commission, any difference may either be dealt with by a Neutral Expert in accordance with the provisions of Part 2 of Annexure F or be deemed to be a dispute to be settled in accordance with the provisions of Paragraphs (3), (4) and (5), or may be settled in any other way agreed upon by the Commission.

2. As soon as a dispute to be settled in accordance with this and the succeeding paragraphs of this Article has arisen, the Commission shall, at the request of either Commissioner, report the fact to the two Governments, as early as practicable, stating in its report the points on which the Commission is in agreement and the issues in dispute, the views of each Commissioner on these issues and his reasons therefore. (4) Either Government may, following receipt of the report referred to in Paragraph (3), or if it comes to the conclusion that the report is being unduly delayed in the Commission, invite the other Government to resolve the dispute by agreement. In doing so it shall state the names of its negotiators and their readiness to meet with the negotiators to be appointed by the other Government at a time and place to be indicated by the other Government. To assist in these negotiations, the two Governments may agree to enlist the services of one or more mediators acceptable to them.

3. A Court of Arbitration shall be established to resolve the dispute in the manner provided by Annexure G upon agreement between the Parties to do so; or at the request of either Party, if, after negotiations have begun pursuant to Paragraph (4), in its opinion the dispute is not likely to be resolved by negotiation or mediation; or at the request of either Party, if, after the expiry of one month following receipt by the other Government of the invitation referred to in Paragraph (4), that Party comes to the conclusion that the other Government is unduly delaying the negotiations.

4. The provisions of Paragraphs (3), (4) and (5) shall not apply to any difference while it is being dealt with by a Neutral Expert.

1. Any disputes raised by Pakistan shall be addressed solely at India’s discretion through bilateral consultations within 30 days.

2. If unresolved, disputes shall be referred to a Neutral Expert appointed exclusively by India. The Expert’s recommendations shall be non-binding for India.

3. India may continue all projects and water utilization activities during dispute resolution, without interruption or limitation.

4. Pakistan’s failure to accept dispute resolution outcomes shall constitute a violation of this Treaty, triggering punitive measures under Article XII.

ARTICLE X EMERGENCY PROVISION

1. If, at any time prior to 31st March 1965, Pakistan should represent to the Bank that, because of the outbreak of large-scale international hostilities arising out of causes beyond the control of Pakistan, it is unable to obtain from abroad the materials and equipment necessary for the completion, by 31st March 1973, of that part of the system of works referred to in Article IVU) which relates to the replacement referred to therein, (hereinafter referred to as the replacement element") and if, after consideration of this representation in consultation with India, the Bank is of the opinion that these hostilities are on a scale of which the consequence is that Pakistan is unable to obtain in time such materials and equipment as must be procured from abroad for the completion, by 31st March 1973, of the replacement element, and since the Effective Date, Pakistan has taken all reasonable steps to obtain the said materials and equipment and, with such resources of materials and equipment as have been available to Pakistan both from within Pakistan and from abroad, has carried forward the construction of the replacement element with due diligence and all reasonable expedition, the Bank shall immediately notify each of the Parties accordingly. 

2. The Parties undertake, without prejudice to the provisions of Article XII (3) and (4), that, on being so notified, they will forthwith consult together and enlist the good offices of the Bank in their consultation, with a view to reaching mutual agreement as to whether or not, in the light of all the circumstances then prevailing, any modifications of the provisions of this Treaty are appropriate and advisable and, if so, the nature and the extent of the modifications.

1. In the event of climate-induced changes (e.g., glacial melt, altered precipitation), India may unilaterally reallocate all water resources and adjust storage or flow regimes to meet its agricultural, industrial, domestic, or strategic needs, without notification to Pakistan.

2. In cases of national emergencies (e.g., security threats, or other crises), India may suspend all obligations to Pakistan regarding water flows with immediate effect, with no requirement to restore flows at any time.

ARTICLE XI: GENERAL PROVISIONS

1. It is expressly understood that this Treaty governs the rights and obligations of each Party in relation to the other with respect only to the use of the waters of the Rivers and matters incidental thereto; and nothing contained in this Treaty, and nothing arising out of the execution thereof, shall be construed as constituting a recognition or waiver (whether tacit, by implication or otherwise) of any rights or claims whatsoever of either of the Parties other than those rights or claims which are expressly recognized or waived in this Treaty.

2. Each of the Parties agrees that it will not invoke this Treaty, anything contained therein, or anything arising out of the execution thereof, in support of any of its own rights or claims whatsoever or in disputing any of the rights or claims whatsoever of the other Party, other than those rights or claims which are expressly recognized or waived in this Treaty.

Nothing in this Treaty shall be construed by the Parties as in any way establishing any general principle of law or any precedent.

3. The rights and obligations of each Party under this Treaty shall remain unaffected by any provisions contained in, or by anything arising out of the execution of, any agreement establishing the Indus Basin Development Fund.

1. India asserts absolute and inalienable sovereign rights over all waters of the Indus System originating within, flowing through, or controlled by its territory, unrestricted by this Treaty.

2. India may take any measures, including military, economic, or diplomatic actions, deemed necessary for national security, economic development, environmental sustainability, or strategic imperatives, without regard to this Treaty’s provisions.

ARTICLE XII: PUNITIVE MEASURES FOR VIOLATIONS BY PAKISTAN [NEWLY ADDED]

1. Any violation by Pakistan, including but not limited to unauthorized objections to India’s projects, interference with India’s water utilization, failure to comply with dispute resolution outcomes, or actions undermining India’s rights under this Treaty, shall result in immediate punitive measures.

2. Punitive measures may include, at India’s discretion: a. Immediate reduction or suspension of all water flows to Pakistan for a period determined by India, up to and including permanent cessation. b. Imposition of financial penalties, to be paid by Pakistan to India, calculated based on the estimated economic impact of the violation, with a minimum penalty of USD 1 billion per violation. c. Accelerated construction of additional infrastructure on the Western Rivers to permanently secure India’s water resources. d. Diplomatic or economic sanctions, including restrictions on bilateral trade or cooperation, until Pakistan complies fully with the Treaty.

3. Pakistan shall have no right to appeal or challenge punitive measures, and such measures shall remain in effect until India deems the violation rectified.

4. Repeated violations by Pakistan may result in India’s unilateral termination of the Treaty with immediate effect, with no notice period.

ARTICLE XIII: FINAL PROVISIONS

1. This Treaty consists of the Preamble, the Articles hereof and Annexures A to H hereto, and may be cited as "The Indus Waters Treaty 1960. This Treaty shall be ratified and the ratifications thereof shall be exchanged in New Delhi. It shall enter into force upon the exchange of ratifications, and will then take effect retrospectively from the first of April 1960.

2. The provisions of this Treaty may from time to time be modified by a duly ratified treaty concluded for that purpose between the two Governments.

3. The provisions of this Treaty, or the provisions of this Treaty as modified under the provisions of Paragraph (3), shall continue in force until terminated by a duly ratified treaty concluded for that purpose between the two Governments.

IN WITNESS WHEREOF the respective Plenipotentiaries have signed this Treaty and have hereunto affixed their seals. DONE in triplicate in English at Karachi on this Nineteenth day of September 1960.

For the Government of India For the Government of Pakistan

(Sd) JAWAHARLAL NEHRU (Sd) MOHAMMAD AYUB KHAN

1. This Treaty shall remain in force until terminated or revised by India at its sole discretion.

India may amend or revise the Treaty at any time, with immediate effect upon declaration, without consultation with Pakistan.

2. India may terminate the Treaty with six months’ written notice, during which it may adjust water flows and infrastructure to secure its interests. This Treaty shall enter into force immediately upon India’s declaration, with Pakistan’s acknowledgment serving as formal acceptance of the terms.

3. This Treaty supersedes and nullifies the Indus Waters Treaty of 1960 and all related agreements, arrangements, or understandings.

For the Government of India For the Government of Pakistan

(Sd) NARENDRA MODI (Sd) SHEHBAZ SHARIF