Court of Arbitration on the Kishenganga and Ratle Hydroelectric Projects
Kartavya Desk Staff
Source: NDTV
Context: India has rejected a “supplemental award” issued by a Court of Arbitration on the Kishenganga and Ratle hydroelectric projects, citing its illegality and breach of the Indus Waters Treaty (IWT) 1960.
About Court of Arbitration on the Kishenganga and Ratle Hydroelectric Projects:
• What is it? The Court of Arbitration is an ad-hoc international dispute resolution mechanism under Annexure G of the Indus Waters Treaty (IWT), 1960, meant to resolve differences when bilateral means fail.
• The Court of Arbitration is an ad-hoc international dispute resolution mechanism under Annexure G of the Indus Waters Treaty (IWT), 1960, meant to resolve differences when bilateral means fail.
• Legal Basis: The COA can only be formed with the agreement of both India and Pakistan and in strict accordance with procedures under IWT.
• India’s Stand: India terms the current court as “illegally constituted”, as it was formed unilaterally at Pakistan’s request, bypassing IWT norms.
• Recent Verdict: The so-called “supplemental award” questions the design and functioning of India’s Kishenganga and Ratle hydro projects. India rejected it, stating it violates India’s sovereign rights and has no legal binding.
• The so-called “supplemental award” questions the design and functioning of India’s Kishenganga and Ratle hydro projects. India rejected it, stating it violates India’s sovereign rights and has no legal binding.
About Ratle Hydroelectric Project
• Location: Situated on the Chenab River in Kishtwar district, Jammu and Kashmir.
• Capacity: An 850 MW run-of-the-river hydro project.
• Significance: Key for clean energy, water security, and regional development. The project is supported through a joint venture between National Hydroelectric Power Corporation (NHPC) and JKPDC.
• Pakistan’s Objection: Islamabad claims design features, like spillway structure and pondage, violate the IWT, which India strongly contests.
About Kishenganga Hydroelectric Project:
• Location: Built on the Kishenganga River (called Neelum in Pakistan) in Bandipora district, Jammu and Kashmir.
• Capacity: A 330 MW run-of-the-river project.
• Commissioned: The project was commissioned in 2018.
• Strategic Importance: Diverts water from the Kishenganga to the Jhelum basin to maximize power generation — a provision permitted under the IWT, subject to conditions.
• International Dispute: Pakistan raised concerns on environmental and water flow impacts. The previous neutral expert (2013) allowed India’s construction with minor design modifications.
India’s Justification for Treaty Suspension:
• India has placed IWT in abeyance post the Pahalgam terrorist attack, citing Pakistan’s continued backing of cross-border terrorism.
• Sovereign right claimed under Vienna Convention on Law of Treaties, which allows suspension in case of material breach.