In the aftermath of the tragic terrorist attack in Pahalgam, Jammu and Kashmir, which claimed the lives of 26 individuals, including a foreign national, India has undertaken a bold and multi-pronged countermeasure targeting Pakistan's diplomatic, strategic, and infrastructural linkages. The Cabinet Committee on Security (CCS) India’s apex national security body—has greenlit a 5-point action plan aimed at intensifying pressure on Pakistan for its alleged continued support of cross-border terrorism.
1. Suspension of the Indus Waters Treaty (IWT): Legal Retaliation or Treaty Violation?
Perhaps the most striking measure is India’s decision to suspend the Indus Waters Treaty, a 1960 agreement brokered by the World Bank that regulates water sharing of the Indus river system.
Though the treaty does not contain an express suspension or termination clause, Article XII allows for modifications by mutual consent.
However, India may invoke Article 62 of the Vienna Convention on the Law of Treaties (VCLT) citing "fundamental change of circumstances" due to persistent cross-border terrorism.
International Implications:
- This step could draw scrutiny from the International Court of Justice or the World Bank, which has historically played a role in treaty enforcement.
- However, it sets a powerful diplomatic precedent, linking water security directly with national security.
2. Closure of the Attari-Wagah Border Check Post
India has suspended all cross-border movement of goods and people through the historic Attari-Wagah route, allowing only those with existing clearance to return until May 1, 2025.
Legal Authority:
- The move is backed by the Foreigners Act, 1946, and Passport (Entry into India) Rules, 1950, empowering the government to regulate or suspend cross-border entry in the interest of sovereignty and public order.
Strategic Value:
This sends a symbolic and practical message, as Attari-Wagah has been a key corridor for cultural diplomacy, trade, and people-to-people ties.
3. Cancellation of the SAARC Visa Exemption Scheme (SVES) for Pakistan Nationals
India has revoked SVES privileges for Pakistani nationals, ordering all holders to exit within 48 hours.
Legal Framework:
- SVES is a multilateral agreement under the SAARC Charter, but India retains sovereign discretion under entry and immigration laws.
- Article 3 of the Foreigners Order, 1948 gives the Central Government the power to regulate or cancel any visa.
Diplomatic Insight:
- This severely curtails track-II diplomacy and regional movement, signaling a shift in India’s SAARC engagement posture.
4. Expulsion of Pakistani Military Advisors
India has declared all Pakistani military personnel posted at the High Commission as persona non grata, ordering their exit within a week.
International Legal Norm:
- Under Article 9 of the Vienna Convention on Diplomatic Relations, 1961, a receiving State may at any time declare any member of the diplomatic staff persona non grata without obligation to explain.
Policy Repercussion:
- The reciprocal withdrawal of Indian military advisors from Islamabad will reduce strategic communication, escalating tensions further.
5. Reduction of Diplomatic Personnel in Islamabad
India will reduce its diplomatic footprint in Pakistan, bringing the strength down to 30 officials from the current 55.
Legal Sanction:
- This decision falls within the purview of sovereign diplomatic prerogatives as per the Vienna Convention, which does not bind States to maintain a certain diplomatic strength.
Strategic Outcome:
- It reflects a calculated downgrading of bilateral ties, limiting diplomatic dialogue and administrative cooperation.
Conclusion: A Constitutional and Strategic Assertion
The 5-point action plan reflects India’s increasing resolve to respond asymmetrically to terror threats emanating from across the border. The measures, though steeped in strategic necessity, remain largely within the bounds of domestic and international law. However, their long-term impact on regional stability, water sharing, and diplomatic engagement must be closely monitored.
As tensions escalate, the need for judicial oversight, diplomatic dialogue, and international mediation mechanisms becomes more urgent to prevent a complete diplomatic breakdown and ensure compliance with global legal norms.
