Nehru’s Historic Misjudgment and Modi’s Strategic Correction: Why Ending the Indus Waters Treaty Is Long Overdue

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The history of independent India is filled with moments of idealism — some inspiring, others costly. Among the most consequential of these was Prime Minister Jawaharlal Nehru’s decision in 1960 to sign the Indus Waters Treaty with Pakistan. It was hailed at the time as a diplomatic achievement, but in hindsight, it stands as one of the gravest strategic compromises India ever made — a decision that surrendered water, sovereignty, and leverage, all at once.

The Indus Waters Treaty handed over full control of three major rivers — Indus, Jhelum, and Chenab — to Pakistan, even though all three originate in India (Article II). Worse still, India agreed to pay over £62 million (British Pound) to Pakistan to help it construct the dams, canals, and infrastructure needed to utilize those rivers (Article V(1)). This was not a peace treaty signed after war, nor was it demanded by a victorious adversary. It was a voluntary act of submission, driven by Nehru’s desire to be seen as a statesman of peace rather than a guardian of India’s long-term interests.

That a newly independent India, still reeling from Partition and refugee crises, chose to financially and hydrologically empower a country that had just invaded Kashmir in 1947, is baffling. It was not a peace treaty — it was a one-sided surrender disguised as diplomacy. In Nehru’s own words, it was done “in the interest of peace.” But what peace has Pakistan ever honored?

Since 1960, India has received nothing in return for its generosity. Instead, it has been met with three full-scale wars, the Kargil intrusion, decades of cross-border terrorism, and ongoing attempts to internationalize Kashmir. And yet, India faithfully upheld its side of the Treaty — even when Pakistan continued to bleed India by a thousand cuts.

The recent terror attack in Pahalgam may have served as the immediate trigger for India’s decision to withdraw from the treaty, but it must be clearly stated: the treaty was historically indefensible from the very beginning. Its flaw was not just in how Pakistan exploited it, but in how India, under Nehru’s leadership, willingly signed away a strategic resource without securing either parity or peace.

One of the treaty’s most shocking features is that it contains no exit or termination clause. This was likely inserted to ensure that India could never unilaterally assert itself. But here lies the irony: the absence of an exit clause does not bind India — it frees it. No sovereign democracy can be permanently enslaved to an agreement that restricts its development, rewards a hostile actor, and offers no mechanism for withdrawal, even in the face of repeated betrayal. Modern international law recognizes the right of nations to withdraw from such agreements under principles like material breach and fundamental change of circumstances.

In the wake of the recent terror attack in Pahalgam, the Modi government’s decision to pull out of the Indus Waters Treaty is not just a reaction — it is a historic correction. It marks the first time India has confronted Pakistan not just on the border or diplomatically, but through the very system that once rewarded Pakistan for its aggression. This is a moment of strategic clarity and constitutional courage. It sends a clear signal: India will no longer fund its enemies, empower their economy, or abide by colonial-era frameworks designed to restrict its future.

India’s exit sets a powerful precedent not just regionally, but globally. No international order can demand that peace-loving nations remain tied to treaties that are routinely dishonored in spirit by the other party. This is not abandonment of responsibility; it is assertion of rights. Just as India revoked Article 370 despite decades of political inertia, it has now begun the process of reclaiming its rivers, its leverage, and its pride.

History will remember Jawaharlal Nehru’s blunder — not merely for what it gave away, but for what it failed to anticipate. The Indus Waters Treaty was less about diplomacy and more about denial — denial of the realities of a hostile neighbor, and denial of India’s long-term strategic needs.
But history will also remember Narendra Modi’s correction — an act not of revenge, but of rebalancing. A nation that has stayed patient for 65 years is finally telling the world: our waters are not free, and our silence is not permanent.

In walking out of the Indus Waters Treaty, India has walked into a new era — where sovereignty is not sacrificed for symbolism, and where peace is no longer paid for with weakness.

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Arvind Gulati

Arvind Gulati

Mr. Arvind Gulati is an advocate practicing in high courts and trial courts across India, with a primary focus on criminal law and constitutional matters. His practice includes rights-based litigation, public interest cases, and statutory interpretation. Mr. Gulati regularly advises on complex legal issues and drafts petitions involving civil liberties, governance, and justice reform. Passionate about using law as a tool for societal change, he contributes through writing, research, and legal awareness initiatives

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