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2 NLUD J. Legal Stud. 1 (2020)

handle is hein.journals/nludjls2 and id is 1 raw text is: THE KASHMIR CASE: HOW NOT TO HANDLE A CONFLICT Dr. Aman Hingorani* I. INTRODUCTION A discussion was held on 21 December 2019 at the prestigious Army War College at Mhow on The Future Contours of Kashmir: A Whole of Government Approach.' The opening paragraph of the Approach Paper for the discussion ran as under: In a momentous decision that should mark the beginning of a new chapter in Kashmir's history, on 5 Aug 2019, the President of India issued the notification to revoke Article 370 and 35A. In one stroke, the state of J&K has transmuted from being disputed territory to undisputed territory, sovereign to India. These lines capture all that has been wrong with New Delhi's approach to the Kashmir issue since 1947 till date! The erstwhile princely state of Jammu & Kashmir ('J&K') became an integral part of India when its sovereign ruler acceded to India on 26 October 1947, and remains an integral part of India. This is not because I say so but because the very principle that created modem day India and Pakistan says so, as will be evident shortly. It is equally true that it was New Delhi which accepted such accession provisionally in 1947 and made it subject to a reference to the people of J&K. In other words, it was New Delhi that gave a 'disputed territory' tag to J&K before proceeding to then internationalize the Kashmir issue by taking it to the United Nations Security Council ('UNSC') in 1948, commit on the floor of the UNSC to hold a plebiscite in J&K under United Nations ('UN') auspices and consequently confer standing upon every member of the UN (including Pakistan) to comment on the happenings in J&K. But then, does, or can, such 'disputed territory' tag conferred by New Delhi upon J&K in 1947 get 'transmuted' to 'undisputed territory sovereign to India' by * Aman M Hingorani is a lawyer and mediator in the Supreme Court of India and the High Court of Delhi. Dr Hingorani has also acted as an arbitrator and as adjunct faculty to teach law students and run training courses for judicial officers, lawyers and law teachers. Dr Hingorani has been invited to address national and international audiences, including various stakeholders, on the Kashmir issue. He is the author of the highly acclaimed book titled 'Unravelling the Kashmir Knot' which has inspired this article. 1 'The Future Contours of Kashmir: A Whole of Government Approach' (Approach Paper, Army War College, Mhow 2019).

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