PAISTAN TO TAKE KASHMIR CASE TO INTERNATIONAL COURT OF JUSTICE

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INTRODUCTION:

On August 5, India revoked Article 370 of the Indian constitution, which removed the special status and autonomy of Kashmir. Following this declaration, Indian troops occupied Kashmir.

On 5 August 2019, President Ram Nath Kovind issued an order and making all the provisions of the Indian constitution applicable to Jammu and Kashmir also which was having a special status before. This resolution was passed in both the houses of parliament; he issued a further issued order on 6 August pronouncing every one of the provisions of Article 370 with the exception of provision 1 to be inoperative. 

Also, the Jammu and Kashmir Reorganization Act was passed by the parliament, establishing the division the province of Jammu and Kashmir into two union territories to be called Union Territory of Jammu and Kashmir and Union Territory of Ladakh.

ARTICLE 370 OF THE CONSTITUTION OF INDIA, 1949:

Article 370 of the Constitution of India1949 allows the state of Jammu and Kashmir to have its own constitution, its own separate flag and independence in respect to all matters except foreign affairs, defence and communications.

Another provision later added under Article 370 – 35A – gives special privileges to permanent residents, including state government jobs and the exclusive right to own property in the state.

ARTICLE 35(a) OF THE CONSTITUTION OF INDIA, 1949:

 (a) Parliament shall have, and the Legislature of a State shall not have, power to make laws

(i) with respect to any of the matters which under clause ( 3 ) of Article 16, clause ( 3 ) of Article 32, Article 33 and Article 34 may be provided for by law made by Parliament; and

(ii) for prescribing punishment for those acts which are declared to be offences under this Part; and Parliament shall, as soon as may be after the commencement of this Constitution, make laws for prescribing punishment for the acts referred to in sub clause (ii);

REVOKING OF ARTICLE 370 BY INDIAN PARLIAMENT:

The Indian parliament has renounced some portion of the constitution that gives Indian-administered Kashmir special status, prompting fears of unrest.

 Article 370 is delicate because it ensures significant autonomy for the Muslim-greater part state.

The measure was joined by telecoms and media power outage which started on Sunday evening.

There is a long-running revolt on the Indian side. India and Pakistan battled a few clashes over Kashmir.

For some, Kashmiris, Article 370 was the fundamental support for being a piece of India and by revoking it, the BJP has permanently changed Delhi’s association with the district, the BBC’s Geeta Pandey reports from Delhi.

In the meantime, India’s parliament is required to pass a bill parting Indian-administered Kashmir into two territories governed directly by Delhi.

Pakistan then condemned India’s choice to revoke the special status of its piece of Kashmir as illicit, saying it would “exercise all possible options” to counter it. 

“India is playing a risky game which will have genuine ramifications for territorial harmony and security,” said Foreign Minister Shah Mehmood Qureshi.

PAKISTAN MOVING TO ICJ OVER KASHMIR ISUUE:

Tensions between India and Pakistan arose more after India revoked the provisions of Article 370 of the Constitution to remove the special status which was conferred to Jammu and Kashmir and partitioned it into two Union territories, which evoked strong reactions from Pakistan.

Prime Minister Imran Khan on 6 August told during a joint sitting meeting of Pakistan’s Parliament that he will raise the Kashmir issue at every forum including the UN Security Council and he also stated that he will take the matter to the ICJ. 

Pakistan’s Foreign Minister Shah Mehmood Qureshi said that, after thinking about every single legal alternative, Pakistan will take the Kashmir case to the International Court of Justice.

Furthermore, Special Assistant to the Prime Minister, Firdous Ashiq Awan, “affirmed to journalists that an in-principle approval had been granted by the cabinet to take the issue to the world court. She said that the case will be given attention to the infringement of human rights and genocide in Kashmir. Awan further added that a panel of lawyers of international repute would be engaged to pursue the case on behalf of Pakistan at the United Nations’ top court .

Following India’s decision to revoke the special status of Jammu and Kashmir, Pakistan formally called for an emergency meeting of the UN Security Council (UNSC) to discuss India, Foreign Minister Shah Mahmood Qureshi said last week.

Following the UNSC meeting, India had underlined that the revocation of J&K special status was “an internal matter and that these have no external ramifications”. India also advised Pakistan to accept the reality and told Islamabad to “stop terror to start talks.” 
DECISION BY ICJ:

A decision by the ICJ would be advisory, unless the countries had agreed beforehand to be bound by the court’s decision.

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