Revocation of Kashmir Special Status in Indian Constitution: Distortion of Simla Agreement

Abstract

Kashmir issue a bone of contention between India and Pakistan took a new dimension after August 05, 2019.  The government of Bharatiya Janata Party led by Narendra Modi revoked article 370 and 35 A from Indian constitution. These articles provide special status to the people of Indian Illegally Occupied Jammu and Kashmir. After the revocation of these articles, India would be in a position to change the demography of the Jammu Kashmir. Additionally, they will be ruled by complete Indian constitution. In response to this Indian act, UN Security Council held an emergency meeting. However, India was of the view that this is completely a bilateral issue in line with the Simla agreement. On the same grounds India has rejected the offer of mediation by the US President Donald Trump. India has now started calling this issue as internal and refused to enter into dialogue with Pakistan. This paper not only deeply examines the Simla Agreement but also analyzes the relevance of Simla Agreement after revocation of Article 370 and 35A. The paper argues that after more than 50 years of Simla Agreement, both India and Pakistan have failed to settle the dispute. The paper further argues that India is using Simla Agreement to refuse any international call for mediation. Even UN Security Council has to postpone its session when France called the issue as bilateral.