SC rejects PIL to declare Indus Waters Treaty unconstitutional

The Supreme Court on Monday dismissed a PIL seeking declaration of the Indus Waters Treaty between India and Pakistan as illegal and unconstitutional.

"This treaty is of 1960 and this treaty has held good for more than half a century," a bench headed by Chief Justice J S Khehar said while dismissing the PIL filed by lawyer M L Sharma in his personal capacity.

The bench, also comprising Justices D Y Chandrachud and S K Kaul, however, made clear that the order dismissing the PIL "does not put any impairment on anybody".

The clarification came when Sharma said that the dismissal of the PIL should not put any restriction in the way of the government if it wants to review the Indo-Pak water pact.

During the brief hearing, it was argued that the Indus water pact was not a treaty at all as the same was not signed in the name of the President of India.

"It was a tripartite agreement between three leaders and void ab initio (illegal at the outset) and hence cannot be acted upon," the lawyer said.

The court said that it has perused the entire petition and does not wish to agree with it.

The Indus water agreement was executed on September 19, 1960 between India, Pakistan and the International Bank for Reconstruction and Development or the World Bank. Besides Nehru, the then Pakistan President Mohammad Ayub Khan and W A B Iliff for the World Bank were its signatories. The apex court had last year refused to grant an urgent hearing on the PIL, saying there was no urgency in the matter while Sharma, who filed the PIL in his personal capacity on the issue, to "keep politics aside".