Framework for Declaration of War in India

Context

India and Pakistan are witnessing heightened military tensions following Pakistan's failed drone and missile attacks on Indian bases, and India's retaliatory strikes under Operation Sindoor. This has renewed focus on how India formally declares war, especially given the absence of explicit constitutional provisions for it.

What constitutes a ‘war’?

Under international law, a “war” is typically defined by:
- Sustained hostilities between states
- Use of armed force
- Violation of territorial sovereignty
The UN Charter allows use of force only in:
- Self-defence (Article 51)
- UNSC-authorised actions
India usually frames military actions as counter-terror operations or acts of self-defence to maintain strategic and diplomatic space.

Is a Formal Declaration Required?

No. India does not have a specific law or constitutional article that defines or mandates a formal declaration of war.
Most Indian military engagements—including 1965, 1971, and Kargil—did not involve a formal war declaration.
Pas Wars: In major military conflicts, India never issued a formal war declaration:
- 1947–48 (First Kashmir War): Responded after the accession of J&K; no war declaration.
- 1962 (India-China War): Chinese offensive; India reacted without a formal declaration.
- 1965 (India-Pakistan War): Triggered by Operation Gibraltar; both sides escalated without formal declaration.
- 1971 (Bangladesh Liberation War): Initiated after Pakistan's air strikes; no formal declaration.
- 1999 (Kargil War): A limited conflict under Operation Vijay; no declaration from either side.
Constitutional and Legal Framework for War in India

Aspect	Provision / Authority
Supreme Commander of Armed Forces	President of India (Article 53(2))
Actual War Decision-Making	Union Cabinet, led by Prime Minister (Article 74)
Constitutional Mechanism Closest to War Declaration	Article 352 – National Emergency on grounds of “war” or “external aggression”
Parliament’s Role	Ratifies Emergency Proclamation within 1 month, continues it every 6 months by special majority