PCA fast-tracks Indus Waters Treaty case despite India boycott

New Delhi: Even as India continues to boycott the Indus Waters Treaty proceedings, The Hague-based Permanent Court of Arbitration, according to the PCA documents accessed by ET, that New Delhi considers "illegal" is fast-tracking hearings on two crucial counts - to rule on the legality of India holding IWT in abeyance and allowing Pakistan's request for "interim measures".

Two back-to-back PCA orders of March 12 enabled this, aiming at a May-end verdict, even as India is learnt to have stayed off the court's March 30 deadline given its clear stand on PCA's "illegality".

PCA's first order, procedural order 21, held that it "shall conduct a further phase of proceedings ('on interim measures and treaty status') specific to deciding upon the 'interim measures request' and the 'treaty status application'.


This essentially means that PCA has now set out a clear timeline to decide on the merits of India "unilaterally" suspending IWT and also consider Pakistan's request for "interim measures' - possible stoppage of construction on Ratle and Kishenganga hydel projects in Jammu and Kashmir - pending final verdict.

India had time till March 30 to submit its reply and indicate participation. Indian position on PCA remains unchanged, according to people familiar with the matter. India does not recognise its proceedings or participate in them and only considers the proceedings under neutral expert Michel Lino as a valid forum. India also withdrew from neutral expert proceedings after it held IWT in abeyance on April 24, 2025, following the April 22 Pahalgam terrorist attack.

PCA has laid out its schedule and has factored in India's non-participation. It said in its March 12 order that if India does not inform the court of its intention to participate in the 'phase on interim measures and treaty status' before April 13, Pakistan will file its "memorial" in the case and an "oral hearing shall be held from April 26 to 28 in the Peace Palace, The Hague, the Netherlands".

The second order, PCA's Procedural Order 20, also of March 12, granted Pakistan permission to submit 'Pondage logbooks' - India's submission at neutral expert proceedings at PCA - essentially linking the two proceedings despite India's strong position.

The logbooks include India's technical data of July 31, 2024, on the Kishanganga Hydel project and the more recent January 21, 2025, data linked to the Ratle hydel project, besides the 2015 Bathymetric survey data of Baglihar reservoir.

India was to submit its written response on the issue on Monday.

Procedural order 20 was enabled by a March 3 communication of the neutral expert which allowed Pakistan to share the data with the PCA provided that the latter was made aware of the "confidentiality of these documents".

India has in the past objected to publication of any such document, saying "dilution of the requirement of confidentiality (would) aid de facto cooperation or coordination with the illegally constituted Court of Arbitration".

India has rejected PCA proceedings since 2023 and termed them "illegal" as they were piloted by Pakistan even as concurrent proceedings were underway at the neutral expert level, which India did participate in until the Pahalgam attack.

PCA in June 2025, after being approached by Pakistan, declared itself competent to address the dispute and held that IWT did not allow for "unilateral" suspension of the treaty, even as India boycotted its proceedings.