LEGAL ASPECTS OF THE KASHMIR ISSUE

Abstract

The Kashmir dispute remains one of the most enduring and legally complex conflicts in South Asia, rooted in the controversial Instrument of Accession signed in October 1947 and the subsequent constitutional arrangements embodied in Article 370 of the Indian Constitution. This paper critically examines the legal status of the accession, the historical evolution and eventual abrogation of Article 370, and the judicial interpretations that shaped the debate over its permanence. It further explores the bilateral agreements between India and Pakistan, the limitations of bilateralism, and the role of international law and the United Nations in the resolution process. Employing a doctrinal and analytical legal research methodology, the study evaluates competing narratives, constitutional provisions, and landmark judgments to assess the legality of the 2019 abrogation and its implications for regional stability, self-determination, and future conflict resolution between the two nuclear-armed neighbors, offering insight into a persistently unresolved territorial and constitutional dispute.