Experts argue Modi’s moves on J&K has wiped out relevance of UNSC resolutions


Even as Pakistan threatens to once again rake up the issue of Jammu and Kashmir with the help of its “friend” China over the issue of India’s move to abrogate Article 370 and Article 35A, according to experts, Pakistan after having foisting four wars in the past has negated the provisions of the United Nations Security Council (UNSC) resolutions that called for maintaining the status-quo. In a major diplomatic coup for India, Russia on Sunday openly endorsed India’s stand on J&K.


Bharatiya Janata Party (BJP) Rajya Sabha MP, Dr Subramanian Swamy has already urged the Modi government to withdraw the petition filed before the UNSC on January 1, 1948 seeking UN intervention, terming it as “illegal” as it was done so without the approval of the then union cabinet.


Speaking to exclusively to on Saturday, Shakti Munshi of the Jammu and Kashmir Study Circle (JKSC) opined that Prime Minister Narendra Modi seems to have worked on his plans for Jammu and Kashmir for the past few years. And she was not of the mark, as soon after coming to power in May 2014, the first thing that Modi led government did was on July 8, 2014 asked the United Nations Military Observers Group on India and Pakistan (UNMGOIP) to wind up it’s office in New Delhi which it was occupying for the last 65 years. New Delhi also had asked the UNMGOIP to wind up it’s site office in Srinagar, arguing that it considered J&K as it’s integral part and hence the UNMGOIP had lost it’s relevance.


Shakti Munshi dismissed attempts by Pakistan with the help of China to once again rake up the issue at the UNSC as “inconsequential”. She further argued that with Pakistan having already had fought four wars with India, the UNSC resolutions stand negated. She argued the petition was filed by India chapter 6, Article 35 of the UN Charter which means that it is “not obligatory” in nature.


Pointing to the Instrument of Accession signed by Maharaja Hari Singh on October 26, 1947, the Government of India Act, 1935, the India Independence Act, 1947 and Articles 1 &2 of the Constitution of India, she said the Acts and our Constitution do specifically mention the state of Jammu and Kashmir. Whereas, the Pakistani constitution does not have the mention of J&K. “They (Pakistan) are trying to do it now”, she further remarked.


On August 5 as the Rajya Sabha passed the Statutory Resolution abrogating Article 370 and Article 35A, Swamy immediately tweeted calling upon the Center to withdraw the petition filed by then government headed by Prime Minister late Jawaharlal Nehru. He argued the UNSC had no locus-standi on what is essentially an internal matter of India in a televised interaction with Russia Today (RT) Tv recently. (see the link below).


“Subramanian Swamy (@Swamy39) tweeted at 9:12 PM on Mon, Aug 05, 2019:
Now Namo Govt must withdraw the Petition filed by Nehru in the UNSC seeking UN intervention in Kashmir. The Petition was filed without Cabinet approval hence illegal

It was on January 1, 1948 that the petition (S/628) signed by the India’s Representative to the UN, P P Pillai was filed before the UNSC under Article 35 of the UN Charter. The matter was taken up by the UNSC a day later.

Citing Article 35 of the UN Charter, India had then argued such a situation now exists between India and Pakistan, as the latter had actively aided and abetted the invaders consisting of nationals from Pakistan and tribesmen. It had then called upon the UNSC to ask Pakistan to stop it’s activities or else it will be forced to take military action.

The Ministry of External Affairs (MEA) in a swift response reminded Pakistan, China and the international community, unambiguously India’s stand on the issue. Terming it as the internal affairs of India. It also rebuffed China’s “unacceptable” remark over Ladakh in no uncertain terms reminding China that while India did not meddle in internal matters of any other country, India too expects similar reciprocal action. In a polite rebuttal of Pakistan’s latest acts of snapping diplomatic ties, stopping trade and closing some parts of its airspace to Indian aircrafts, the MEA reacted “It is time for Pakistan to accept the reality and stop interfering in internal affairs of other countries”.

Even as China, a permanent member of the UNSC has openly sided with Pakistan in a major counter-balancing move, Russia, the other permanent member of the UNSC has endorsed India’s stand on Jammu and Kashmir. In a statement issued here on Sunday, Russia termed India’s move to abrogate Article 370 as “decision within the framework of Indian constitution”.

What does the Article 35 of the UN Charter say:

(1) Any Member of the United Nations may bring any dispute, or any situation of the nature referred to in Article 34, to the attention of the Security Council or of the General Assembly.

(2) A state which is not a Member of the United Nations may bring to the attention of the Security Council or of the General Assembly any dispute to which it is a party if it accepts in advance, for the purposes of the dispute, the obligations of pacific settlement provided in the present Charter.

(3) The proceedings of the General Assembly in respect of matters brought to its attention under this Article will be subject to the provisions of Articles 11 and 12.