Are India and Pakistan now at war? If so, how is war officially declared under Indian law?
NEW DELHI: In a serious military escalation, Pakistan tried but failed to attack Indian military bases in Jammu, Pathankot, and Udhampur using drones and missiles. The Indian armed forces successfully defended these locations and neutralised the threats. In response, India retaliated strongly by targeting major Pakistani cities—Islamabad, Lahore, and Sialkot.
Meanwhile, multiple towns across Jammu & Kashmir, Punjab, Rajasthan, and Gujarat experienced blackouts for varying durations. Authorities issued public advisories and assured citizens of their safety. At the same time, Pakistan also violated the ceasefire along the Line of Control, but this too was effectively countered by Indian forces.
This intense cross-border exchange took place after India launched Operation Sindoor, under which the Indian armed forces destroyed terror hubs at nine locations in Pakistan and Pakistan-occupied Kashmir to avenge the Pahalgam terror attack.
Operation Sindoor
In April 2025, after a terror attack in Pahalgam, which killed 26 civilians including a foreign national, the Government of India launched Operation Sindoor—a series of targeted strikes on terror camps in PoJK and Pakistan.
At the heart of the official response were two women officers—Colonel Sofiya Qureshi and Wing Commander Vyomika Singh—chosen to brief the nation and the world.
The significance was not lost on anyone. The image of two women commanding national attention during a wartime operation was unprecedented. It was, in every sense, the real-world enforcement of the Court’s 2020 ruling.
As a senior official said on condition of anonymity:
“This would not have been possible without the Supreme Court’s order. The battlefield has changed because the Bench changed the rulebook.”
Amid this high-level confrontation, a pressing question has emerged:
Are India and Pakistan now at war? If so, how is war officially declared under Indian law?
How India Declares War: As Per the Constitution
India does not have a formal, single law to declare war, unlike some other countries. Instead, such matters are governed by constitutional provisions and are led by the Union Cabinet with the President acting on its advice.
“India addresses matters related to declarations of war through a mix of constitutional provisions, parliamentary oversight, and executive authority, unlike some countries with formal legislation on such declarations.“
Who Has the Authority to Declare War?
The President of India
Under Article 53(2) of the Constitution, the President is the Supreme Commander of the Armed Forces. However, the President does not act independently. The President must act only on the advice of the Union Council of Ministers as per Article 74 of the Constitution.
Article 53, Constitution of India 1950(2) Without prejudice to the generality of the foregoing provision, the supreme command or the Defence Forces of the Union shall be vested in the President and the exercise thereof shall be regulated by law.
“The power to declare war resides with the President, but it is exercised based on the advice of the Union Council of Ministers led by the Prime Minister.“
Article 74 in Constitution of India- Council of Ministers to aid and advise President
- There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice- Provided that the President may require the Council of Ministers to reconsider such advice; either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration.
- The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.
“Article 53 of the Indian Constitution specifies that the executive power of the Union is vested in the President of India. Nevertheless, under Article 74, the President acts in accordance with the aid and advice of the Council of Ministers, led by the Prime Minister. Therefore, any formal declaration of war or peace by the President is made solely on the Cabinet’s advice.“
The Union Cabinet
The real decision-making body is the Union Cabinet, headed by the Prime Minister. The Cabinet takes into account inputs from the Ministry of Defence, Ministry of External Affairs, National Security Council, military chiefs, and intelligence agencies.
“In practice, the decision to go to war or declare peace is made by the Union Cabinet (Council of Ministers) under the leadership of the Prime Minister. The Ministry of Defence, Ministry of External Affairs, and National Security Council provide crucial advice to the Cabinet in this process. Before reaching a decision, the Cabinet may seek input from military chiefs, intelligence agencies, and diplomatic channels. The Prime Minister heads the Cabinet, which is responsible for recommending a declaration of war to the President.“
Importantly, according to the 44th Amendment Act of 1978,
“The President can declare a National Emergency (which applies in a war situation) only based on a written recommendation from the Cabinet.“
Role of the Indian Parliament
The Parliament does not need to pre-approve a declaration of war, but it plays a vital role in oversight, funding, and holding the government accountable. Parliament monitors the defence budget and has the right to debate military actions.
“Although Parliament is not constitutionally obligated to declare or pre-approve war, it maintains a role in oversight and funding: it oversees the defence budget; it has the authority to debate military actions and hold the government accountable; and, during prolonged military engagements, the government is expected to inform Parliament and seek political consensus.“
“While the initial war declaration is made by the President on the advice of the Cabinet, it must subsequently be presented to both Lok Sabha and Rajya Sabha for approval.“
What is the Formal Procedure?
While there’s no direct constitutional article on how to “declare war”, the procedure for declaring a National Emergency under Article 352 is the closest formal method India uses during a war-like situation.
“Procedurally speaking, if a formal declaration of war is to be made, the Union Cabinet, after assessing the situation, will make a written recommendation to the President. Upon receiving the written recommendation from the Cabinet, the President can issue a Proclamation of National Emergency under Article 352 on the grounds of ‘war’ or ‘external aggression’.“
This Proclamation of Emergency can be applied to the entire country or a specific part.
“The Proclamation of Emergency must be laid before each House of Parliament. It will cease to operate after one month unless approved by resolutions passed by both Houses with a special majority (a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting).“
Once approved, the emergency stays active for six months and can be renewed with Parliament’s approval every six months.
“Finally, the President can revoke a Proclamation of Emergency at any time through a subsequent proclamation. Additionally, the 44th Amendment mandates that the President must revoke the emergency if the Lok Sabha passes a resolution disapproving its continuation.“
But There’s No Specific Rule for Declaring War
Despite all this, India’s Constitution does not have a dedicated article solely for a war declaration.
“The Indian Constitution, however, does not have a specific article or procedure solely dedicated to the “declaration of war”. The provisions related to National Emergency under Article 352 are invoked in situations of war or external aggression.“
What Happened in Past Wars?
India has fought several wars, but no formal declaration of war was made in any of them:
- 1947-48 India-Pakistan War: Started after tribal militias and Pakistani forces invaded Kashmir. India intervened after the Maharaja acceded to India.
→ No formal declaration of war. - 1962 India-China War: China launched a sudden attack. No formal declaration of war
- India-Pakistan War of 1947-48 (First Kashmir War): This war began with the invasion of Kashmir by tribal militias and Pakistani forces. India responded after the Maharaja of Kashmir acceded to India. There was no formal declaration of war by either side.
- India-China War of 1962: This war started with a large-scale Chinese offensive along the disputed border. India was taken by surprise. There was no formal declaration of war from either India or China. China unilaterally declared a ceasefire and withdrew after about a month.
- 1965 India-Pakistan War: Escalated from border tensions and Pakistan’s Operation Grand Slam.→ No formal declaration of war. This war escalated from border skirmishes and Pakistan’s Operation Grand Slam in Kashmir. India retaliated by crossing the international border. Again, no formal declaration of war preceded the large-scale hostilities. The conflict ended with a UN-brokered ceasefire and the Tashkent Declaration.
- 1971 India-Pakistan War (Bangladesh Liberation War): India intervened after mass refugee inflows from East Pakistan. Pakistan attacked first.→ No formal declaration of war.This war stemmed from the political crisis and humanitarian crisis in East Pakistan (now Bangladesh). India intervened in support of the Bengali liberation movement following a large influx of refugees. While the conflict was extensive, there was no formal declaration of war before India’s military involvement. Pakistan initiated air strikes on Indian airfields, which led to India’s full-fledged entry into the war.
- 1999 Kargil War: Pakistan infiltrated Indian territory. India responded with Operation Vijay.→ No formal declaration of war.This conflict began with the infiltration of Pakistani soldiers and terrorists into Indian territory in the Kargil region. India responded with ‘Operation Vijay’, which was a limited conflict, and no formal declaration of war was made by either sides.
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