The Government of India, on January 1, 1948, reported to the Security Council regarding a situation existing between India and Pakistan related to Jammu & Kashmir was taken under Article 51 of UN Charter.
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Article 35 of the UN Charter
- Articles 33-38 occur in Chapter 6 titled “Pacific Settlement of Disputes”.
- These six Articles lay out that if the parties to a dispute that has the potential for endangering international peace and security are not able to resolve the matter through negotiations between them, or by any other peaceful means, or with the help of a “regional agency”, the Security Council may step in, with or without the invitation of one or another of the involved parties, and recommend “appropriate procedures or methods of recommendation”.
- Specifically, Article 35 only says that any member of the UN may take a dispute to the Security Council or General Assembly.
- This Article occurs in Chapter 7 titled “Action with Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression”.
- The chapter assumes that the Security Council is already seized of the situation.
- It says that a UN member has the “inherent right of individual or collective self-defence” if attacked, “till such time that the Security Council has taken measures necessary to maintain international peace and security”.
- It also says that exercise of this right must be immediately reported to the Security Council by the member, and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.
- The ceasefire was brokered by a United Nations Mission. The Government of India, brought the Jammu and Kashmir issue to the attention of the Security Council under Article 35 of UN Charter.
- Title of the agenda changed from the “Jammu & Kashmir question” to the India-Pakistan question in UN Charter.
- A ceasefire line was established on July 27, 1949, which left Pakistan with the areas of Jammu & Kashmir that were under its control on that day.
- It was this ceasefire line that came to be termed the Line of Control in the Simla Agreement of 1972.