Union Home Minister Amit Shah said that had India’s first Prime Minister Jawaharlal Nehru taken the matter to the United Nations under Article 51 of the UN Charter, instead of Article 35, the outcome would have been different on the existence of Pakistan-occupied Kashmir.
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Article 35 of the UN Charter says that any member of the UN may take a dispute to the Security Council or General Assembly, if the parties to a dispute that has the potential for endangering international peace are not able to resolve the matter through negotiations between them.
Article 51 says that a UN member has the “inherent right of individual or collective self-defence” if attacked, “till such time that the Security Council has taken measures necessary to maintain international peace and security”.
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