India--Pakistan relations in the past two weeks have hit a new low not witnessed since the 2019 Pulwama attack, as military tensions between the two countries have continued to escalate. The back-and-forth between the armies of the two countries following the April 22 Pahalgam terror attack has sparked speculation that it is a war-like situation between the two nuclear nations, but no formal announcement has been made yet.
The war-like situation between India and Pakistan has raised questions regarding when, how and by whom a war is officially declared.
When Can War Be Declared
Article 352 of the Indian constitution has laid down three scenarios when war can be declared by India, including war, external aggression and armed rebellion. War is not clearly defined in the Indian government’s rulebook.
How & Who Declares War in India
Under the Indian constitutional framework, the power to declare war or make peace lies with the President of India. But the exercise of this power by the President has to be backed by a written recommendation from Union Council of Ministers headed by the Prime Minister of India. The role of the defence ministry, the external affairs ministry and the national security council is very significant in the decision-making.
Although the initial war declaration is done by the President on the advice of union cabinet, the decision must be presented to both the houses of parliament for approval.
Parliament might not play a direct role in the decision-making, but it has the authority to oversee the government’s action especially the defence budget and has the right to debate military actions and hold the government accountable.
