In my previous article, I talked about the legality of Kashmir’s accession treaty with India and saw that Fitzmaris’ legal opinion was that the Maharaja was not free to decide at the time of accession. The Maharaja did not have full control of his state, due to which he was not able to fulfill his promise to implement the accession, and the accession was conditional.
Today we will talk about these points: the Indo-Pak war of 1947, India’s attempt to make Kashmir a part of India constitutionally, the special status that gave Kashmir the status of Article 370 and Article 35A of the Indian Constitution. Was obtained under, how and under what circumstances it was abolished.
Despite being divided between India and Pakistan, an attempt was made to constitutionally integrate Kashmir into India. India did not have control of the entire territory of Kashmir, but neither Pakistan nor China sought to constitutionally annex its territories.
Kashmir issue and UN
After the war between India and Pakistan in 1947, the kingdom of Kashmir was divided into Indian and Pakistani-administered Kashmir. In 1948, India approached the UN Security Council and lodged a complaint against