Are India-Pakistan At War? If So, Who Will Announce It? | EXPLAINED

The recent heightening of tensions between India and Pakistan has created fears of war between the two nuclear neighbors. Following Pakistan's failed bid to attack Indian military bases with drones and missiles, India responded with attacks on Islamabad, Lahore, and Sialkot. This has led to discussions regarding how war is declared in India and what the consequences of such a declaration would be.

The Constitutional Framework

In India, the authority of declaring war lies with the President, acting upon the recommendation of the Union Council of Ministers chaired by the Prime Minister. The Indian Constitution has no separate article for declaring war, but in times of war, the provisions of National Emergency under Article 352 are employed.

The Role of the President and the Union Cabinet

The President, being the Supreme Commander of the Armed Forces, has the constitutional power to make war or declare peace. Yet, the power is exercised upon the advice of the government. The decision to fight war or declare peace is taken by the Union Cabinet under the Prime Minister, while the Ministry of Defence, Ministry of External Affairs, and National Security Council furnish valuable suggestions to the Cabinet.

Parliament's Role in Oversight and Funding

Although Parliament is not constitutionally bound to declare or pre-authorize war, it has an important role to play in oversight and funding of military operations. Parliament can debate the military action, hold the government to account, and sanction the defence budget. In the case of prolonged military action, the government ought to report to Parliament and seek political consensus.

Previous Wars and the Lack of Official Declarations

India has a background of fighting in military wars without official declarations of war. India-Pakistan War of 1947-48, India-China War of 1962, India-Pakistan War of 1965, India-Pakistan War of 1971 (Bangladesh Liberation War), and the Kargil War of 1999 were all battled without an official declaration of war.

Union Cabinet makes the decision

The Indian process of declaring war is multifaceted and includes a mix of constitutional requirements, parliamentary oversight, and executive authority. Although the President is authorized to declare war, the Union Cabinet makes the decision. With India-Pakistan tensions showing no signs of abating, knowing the constitutional setup and the roles of the President, Union Cabinet, and Parliament is vital in unraveling the intricacies of war and diplomacy.