section_path: Renegotiation demands
section_name: Renegotiation demands
paragraph_text: Renegotiation demands
  
  In 2003, Jammu and Kashmir state assembly passed a unanimous resolution for the abrogation of the treaty, and again in June 2016, the Jammu and Kashmir assembly demanded revision of the Indus Waters Treaty. The growth in irrigated land and hydropower development is not satisfactory due to the restrictions imposed by the IWT in Jammu and Kashmir. The legislators feel that the treaty trampled upon the rights of the people and treats the state of Jammu and Kashmir as a non-entity. A public interest petition has been pending since 2016 in the Supreme Court of India seeking to declare the treaty as unconstitutional.
  
  Since the Indus Waters Treaty has no exit clause, any Indian move to withdraw or amend it must follow principles from the Vienna Convention on the Law of Treaties, which, though not ratified by India or Pakistan, is seen as customary international law. Article 56 requires at least 12 months’ notice before withdrawal from such treaties. In January 2023, India formally notified Pakistan of its desire to modify the treaty, in line with these international legal norms.
  
  In 2023, India officially notified Pakistan to renegotiate the treaty, alleging that it was repeatedly indulging in actions that are against the spirit and objective of the treaty. Pakistan has responded to the notice issued by India stating Pakistan can not take risk of abrogating IWT being a lower riparian party and expressed its desire to adhere to the procedures stipulated in the IWT.
  
  India has not appointed the two judges of the Court of Arbitration (CoA) jury from its side as it had considered simultaneous proceedings of CoA and NE as a violation of the IWT agreement and customary international law. The Court decided that it would consider India's objection and decide the competence of the Court as a preliminary matter in an expedited proceeding by the end of June 2023. CoA announced its partial verdict on 6 July 2023 stating that constitution of CoA on the changed request of Pakistan is valid under the provisions of IWT and it would only take up the disputes which are not in the domain of the neutral expert to avoid simultaneous proceedings on same matters by both CoA and neutral expert. In January 2025, NE delivered an initial verdict stating that NE is fully competent per terms of IWT to adjudicate the differences raised by India. The award of the ongoing Neutral Expert (NE) is expected by the end of 2026. In January, 2025, Jammu and Kashmir State initiated planning activities of Kishanganga II (40 MW) project.
  
  In September 2024, India formally sought review of the Treaty and at the same time Pakistan reaffirmed the importance of the agreement and requested that India would continue to comply with the provisions of the Treaty.
  
  In 2003, Jammu and Kashmir state assembly passed a unanimous resolution for the abrogation of the treaty, and again in June 2016, the Jammu and Kashmir assembly demanded revision of the Indus Waters Treaty. The growth in irrigated land and hydropower development is not satisfactory due to the restrictions imposed by the IWT in Jammu and Kashmir. The legislators feel that the treaty trampled upon the rights of the people and treats the state of Jammu and Kashmir as a non-entity. A public interest petition has been pending since 2016 in the Supreme Court of India seeking to declare the treaty as unconstitutional.
  
  Since the Indus Waters Treaty has no exit clause, any Indian move to withdraw or amend it must follow principles from the Vienna Convention on the Law of Treaties, which, though not ratified by India or Pakistan, is seen as customary international law. Article 56 requires at least 12 months’ notice before withdrawal from such treaties. In January 2023, India formally notified Pakistan of its desire to modify the treaty, in line with these international legal norms.
  
  In 2023, India officially notified Pakistan to renegotiate the treaty, alleging that it was repeatedly indulging in actions that are against the spirit and objective of the treaty. Pakistan has responded to the notice issued by India stating Pakistan can not take risk of abrogating IWT being a lower riparian party and expressed its desire to adhere to the procedures stipulated in the IWT.
  
  India has not appointed the two judges of the Court of Arbitration (CoA) jury from its side as it had considered simultaneous proceedings of CoA and NE as a violation of the IWT agreement and customary international law. The Court decided that it would consider India's objection and decide the competence of the Court as a preliminary matter in an expedited proceeding by the end of June 2023. CoA announced its partial verdict on 6 July 2023 stating that constitution of CoA on the changed request of Pakistan is valid under the provisions of IWT and it would only take up the disputes which are not in the domain of the neutral expert to avoid simultaneous proceedings on same matters by both CoA and neutral expert. In January 2025, NE delivered an initial verdict stating that NE is fully competent per terms of IWT to adjudicate the differences raised by India. The award of the ongoing Neutral Expert (NE) is expected by the end of 2026. In January, 2025, Jammu and Kashmir State initiated planning activities of Kishanganga II (40 MW) project.
  
  In September 2024, India formally sought review of the Treaty and at the same time Pakistan reaffirmed the importance of the agreement and requested that India would continue to comply with the provisions of the Treaty.