India on Monday rejected an award issued by a World Bank-constituted Court of Arbitration concerning interim measures and the status of the Indus Waters Treaty, calling the body “illegally constituted” and saying it has no jurisdiction over India’s sovereign decisions.
The government said India has never recognised the existence in law of the so-called Court of Arbitration and has consistently rejected its proceedings and earlier pronouncements.
In a statement on matters pertaining to the “illegally-constituted so-called Court of Arbitration”, India said the body was constituted by the World Bank in “patent breach” of the terms of the Indus Waters Treaty.
“Today, the illegally constituted so-called Court of Arbitration (CoA) has issued what it termed as an award concerning Interim Measures and Status of the Indus Waters Treaty,” the government said.
“This so-called Court was constituted by the World Bank in patent breach of the terms of the Treaty and India categorically rejects its so-called award, just as it has firmly rejected all prior pronouncements by this illegally constituted body,” it said.
India said it has never appeared before the body and has refused to take any cognisance of its earlier pronouncements.
INDIA SAYS AWARD CANNOT AFFECT ITS PROJECTS
The government maintained that the Court of Arbitration has no jurisdiction to rule on India’s sovereign decisions, including those relating to projects being undertaken by the country.
“This so-called Court of Arbitration has no jurisdiction whatsoever to pronounce on India’s sovereign decisions,” India said.
“Its pronouncements, now or in the future, will have no effect on India’s actions in connection with the projects being undertaken by India,” it added.
India also reiterated its position that the establishment of the arbitral body itself constitutes a grave violation of the Indus Waters Treaty.
TREATY REMAINS IN ABEYANCE
India said its decision to hold the Indus Waters Treaty in abeyance continues to remain in force.
“India’s decision to hold the Indus Waters Treaty in abeyance remains in force,” the government said.
The latest rejection comes as part of India’s consistent position that the Court of Arbitration was not validly constituted under the treaty and that its pronouncements have no bearing on India’s actions.
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