Introduction
India-Pakistan war have become worse in 2025. Hostilities between India and Pakistan grew in 2025 after a terror attack on May 6 in Kashmir left 26 Hindu pilgrims dead. In counter to that, India launched Operation Sindoor in response. This involved airstrikes on terror bases in Pakistan-controlled Kashmir and some areas of Punjab. India accused Pakistan-based terror groups of planning the attack.
Pakistan and India have kept up intense air and missile attacks on each other since Pakistan launched drone and ballistic strikes. Despite all of this military action, neither nation has declared that they are at war. This raises a crucial point about their constitutions and laws: Are India and Pakistan actually at war?
Why India Hasn’t Issued a War Declaration
Despite the fact that the situation on the ground appears to be a full-scale military confrontation, India has not declared war. In the event of war or external aggression, the President may, in accordance with Article 352 of the Indian Constitution, declare a state of emergency.However, this rule of law responds to a military action and not initiating one.
India resorts to force and counterterrorism tactics outside the framework of established warfare procedures quite often. The 2019 Balakot airstrikes and the 1999 Kargil War were two such instances.
Official war declarations were not made in any of these instances. Political adaptability and legal strategy explain this tactic. Declaring war has to be approved by the legislature and could have diplomatic implications, under the Geneva Conventions. It is one of the main reasons why India did not wage war against Pakistan.
Conclusion:
Tensions Rise, But War Remains Unofficial As of May 12, 2025, even with significant military activity, India and Pakistan have not officially declared war. Instead of using its constitutional war powers, the Indian government is portraying the current crisis as a national defence issue. International organisations and world leaders are closely monitoring the developments. The decisions made by both administrations in the upcoming days will determine whether this crisis remains
contained or intensifies further.
About Author:-
BHAWYA PRAJAPATI is a young legal researcher who is enthusiastic about the changing dynamics of cybercrime and cyberabuse. She is a PhD candidate in Corporate Law at Apex Law University. Bhawya explores the nexus of law and technology, having a solid background in legal studies. Her work attempts to tackle current issues in digital justice and safety.