India has objected to the World Bank's (WB) decision to have two parallel difference resolution mechanisms — appointment of a Neutral Expert and establishment of a Court of Arbitration — in the ongoing dispute between India and Pakistan on the Kishenganga water matter.
Terming the parallel process as 'legally untenable', Ministry of External Affairs on Thursday said that India cannot be party to actions which are not in accordance with the Indus Waters Treaty.
"Inexplicably, the World Bank has decided to continue to proceed with these two parallel mechanisms simultaneously. India cannot be party to actions which are not in accordance with the Indus Waters Treaty. The Government will examine further options and take steps accordingly,'' MEA Spokespers-on's Vikas Swarup said.
On the issue of differences between India and Pakistan on Kishenganga and Ratle Hydroelectric Projects under the Indus Waters Treaty, India had asked the WB to appoint a Neutral Expert to resolve the differences that are of a technical nature and within the domain of a neutral technical expert. Pakistan, on the other hand, had sought the establishment of a Court of Arbitration, which is normally the logical next step in the process of resolution in the Treaty. India feels that the Neutral Expert can also determine that there are issues beyond mere technical differences.
He added that under the Indus Waters Treaty, signed between India, Pakistan and the World Bank in 1960, the WB has a specified role in the process of resolution of differences and disputes.
"The World Bank has decided to proceed with both steps simultaneously. It was pointed by the Government to the World Bank that the pursuit of two parallel difference/ dispute resolution mechanisms - appointment of a Neutral Expert and establishment of a Court of Arbitration - at the same time is legally untenable," Swarup said.