In India’s perspective Kashmir is an integral part of the republic of India and to Pakistan, it is a disputed territory. The argument of Pakistan on Kashmir is that, since the partition of the country was done on religious basis and majority of, population are Muslims, Kashmir should be part of Pakistan. 

This argument failed to recognize the following facts:

1. Parition was done of the British Indian Provinces & and not of the Indian princely states. 

2. National conference was the only major political party in Kashmir, which was affiliated to Congress. It was opposed to Pakistan and had faith in secular politics. 

3. The Indian princely states had the freedom to join either India or Pakistan. 

4. India was a secular state consisting of multireligious population.

So, Kashmir formally decided to join India after the invasion of its territory by Pakistani tribals supported by the Pakistan Army.

In October 1947, Kashmir was invaded by tribal infiltrators of Pakistan. This forced the Maharaja to seek Indian military help. India reacted positively after ‘Instrument of Accession’ was signed on 26^th October 1947. To resolve the crisis, the Constituent Assembly of India made a special provision through Art. 370, to provide a separate constitution to the state along with other provisions.

In 1951, the Constituent Assembly met in the state to frame a Constitution. In February 1954, the accession of the state to India was ratified by the constitution, legalising it. In November 1956. it adopted a constitution legalising the status of J &K as a unit of the Indian Union.