Kashmiris Right to Self Determination

By: DailyPakistan

Published: January 5, 2026

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Asif Mahmood

The right to self determination is an inalienable entitlement of the people of Kashmir. This right is neither a concession nor a privilege granted by any state. It is a fundamental principle of international law and the international community carries a clear responsibility to ensure that the people of Kashmir are allowed to exercise it freely and without coercion.

It is important to recall that long before any so called local political arrangement was put in place, the United Nations Security Council addressed this issue with clarity. In its resolution of 30 March 1951, the Council categorically declared that the future of the State of Jammu and Kashmir could only be determined through a free and impartial plebiscite conducted under United Nations auspices. The resolution further made it clear that the convening of any constituent assembly and any decisions taken by such a body would have no legal effect on the final status of the state.

Despite this explicit position of the Security Council, India proceeded in open defiance of international law. A self proclaimed constituent assembly was formed and it claimed to ratify the accession of Kashmir to India. In return, India introduced Article 370 as a temporary political arrangement, presenting it as a substitute for the promised right of choice. This move had no legal validity under international law and was rejected in principle by the United Nations.

The matter was revisited by the Security Council in January 1957, when another resolution reaffirmed the earlier position. The Council once again stated that neither the actions of any constituent assembly nor any steps taken by the parties in support of such actions could determine the future of Jammu and Kashmir. The final decision, it reiterated, must reflect the will of the people expressed through a free and impartial plebiscite under United Nations supervision.

The right to self determination of the Kashmiri people is firmly established under international law. It cannot be extinguished by domestic legislation or constitutional amendments. The revocation of Article 370 does not negate the United Nations Charter, nor does it invalidate binding Security Council resolutions.

A persistent argument suggests that Security Council resolutions on Kashmir are non binding because they were adopted under Chapter VI of the Charter. This claim is misleading. Article 25 of the Charter obliges all member states to accept and carry out the decisions of the Security Council. The Charter does not limit binding force only to resolutions adopted under Chapter VII.

During the tenure of Secretary General Boutros Boutros Ghali, this issue was formally examined. The United Nations Legal Adviser clarified unequivocally that no Security Council resolution can be considered unenforceable.

Self determination is a jus cogens norm, a peremptory principle of international law from which no derogation is permitted. No legislative act by India can strip the people of Kashmir of this right. The enactment and later revocation of Article 370 merely expose the contradictions within Indian claims of legality and democracy. They do not alter the international status of Kashmir. The resolution of this dispute remains anchored in United Nations resolutions and the freely expressed will of the Kashmiri people.