Dr. PP Singh
Where as the Indian Independence Act 1947 provides that as from the 15th the day of August 1947, there shall be a set up and an independent Dominion known as India owed that of Govt of India Act 1935 shall with such omissions, additions, adaptations, and modification as Governor General may by order specify the application to the Dominion of India. It further states that Governor General provides that an Indian state may accede to the Dominion of India by an Instrument of Accession executed by the ruler there of under the seal and signature of Hari Singh Maharaja of Jammu and Kashmir State there after it further declares that I do hereby accept this instrument of accession dated 27th day of October 1947 under the seal and signature of Mountbatten of Burmah (Governor General of India).
Soon after the cease fire India made a complaint against Pakistan in UN Security Council that Pakistan is an aggressor and it should vacate the area under its illegal occupation i.e. (POJK) The British retreat from India was a great setback to Lord Mountbatten and the British mindset was not favouring Indian approach to UN Security Council. The functioning of UNSC was partisan because UNSC representative of India Pakistan in succession to Sir Owen Dixon to effect the demilitarisation of the state of Jammu and Kashmir. This resolution was passed with slight modification inspite of the opposition of India by a majority vote on 30th March, 1951. None voted against it but the USSR and Yugoslavia abstained. UN did not do any thing to get the lands of J and K cleared of invaders backed by Pakistan regulars and became part of the aggression on Indian state of J and K in May 1948 and the UN failed to make the aggressor leave the occupied areas of J and K.
The basic resolution of 13th August, 1948 of United Nation Commission on India
i)Responsibility for the security of the state of J and K rests with the Govt of India.
ii)The sovereignty of Jammu and Kashmir Govt. over the entire territory of the state shall not be brought into question.
iii)There shall be no recognition of the so called Azad (Free) Kashmir Govt.
iv)The territory occupied by Pakistan shall not be consolidated to the disadvantages of the state of Jammu and Kashmir
v)The administration of the evacuated areas in the north shall revert to the Govt of J and K and its defence to the Govt. of India who will if necessary maintain garrisons for preventing the incursion of tribesmen and for guarding the main trades routes.
vi) Pakistan should be excluded form all affairs of Jammu and Kashmir in particular in the plebiscite if one should be held
vii) If a plebiscite is found to be impossible for technical reason, the commission will consider other methods of determining far and equitable considerations for ensuring a free expression of the people will.
viii) Plebiscite proposals shall not be binding upon India if Pakistan does not implement part 1 and part 2 of the resolution of 13th of August 1948
The resolution is in three parts
Part I requires a ceasefire on augmentation of military potential on either side and the maintenance of a peaceful atmosphere
Part II requires Pakistan to withdraw all her forces, regular and irregular while India was required to keep sufficient troops for the security of the state including the observance of law and order.
Part III (Provided) as follows
The Govt of India and Pakistan reaffirm their wish that the future states of Jammu and Kashmir shall be determined in accordance with the will of the people and to that end, upon acceptance of the (truce) agreement both Govt.s agree to enter into consultation with commission to determine fair and equitable condition where by such free expression of will be assured
Part III could come into force only after Parts I and II had been implemented. As these were not implemented part III i.e. holding of plebiscite could not be undertaken.
Now after the year1948 an agreement came into existence called the Delhi Agreement 1952. This agreement was signed by J and K Govt and representative of Govt. of India for certain decision taken by the State Constituent Assembly like sovereignty in all matters mentioned in the instrument of Accession, right of citizenship, making laws for state subjects even for those also who have gone to Pakistan. On account of the communal disturbances of 1947 on the event of their return to Kashmir. As per Articles 52 to 62 as applicable to other states of India should also be applicable to J and K state as well where President of India would have power to reprieves, pardons and remissions of sentences etc. it was agreed that state will have its own flag in addition to the union flag. The Union Flag shall have the same status as the State Flag, but for historical reasons connected with the freedom struggle in the State, the need for continuance of State Flag was recognised. The Appointment of Sader – I – Riyasat by State Legislatures. The head of the State shall be a person recognised by President of the Union of India on the recommendations of State Legislatures. In the event of war or external aggression the govt of India would have full authority to take steps and proclaim emergency under article 352 as per the items included in the union list.
Tashkent Declaration 10th January 1966: There was a war between India and Pakistan in 1965. After 1947 Partition Pakistan sent armed men to India by crossing IB and LoC and even Para dropping them in hilly, sub hilly and plain areas in J and K State causing Guerilla war fare like situation and full fledged war on the border IB and LoC. To end the hostility between the two countries India and Pakistan, chairmen of the Council of Minister of the USSR Kosygin took initiative and a meeting between India and Pakistan was held at Tashkent where certain decisions were taken. The Indian side was represented by Prime Minister of India Lal Bahadur Shastri and the Pakistan side by its General Yaya Khan, an army dictator / President of Pakistan. Both PM of India and president to Pakistan agreed to create good neighbourly relation in accordance with UN charter. Both the leaders also agreed to solve all outstanding issues through peaceful means and shall never resort to use of force and all the armed personals shall be withdrawn before 25th of February 1966 to the position they held prior to 5th of August 1965.
Shimla Agreement: After the defeat of Pakistan in the war in the year Dec. 1971 a submit meeting between President Zulfikar Ali Butto and Indira Gandhi was arranged at Shimla from 18th of June 1972 and submit meeting lasted for five days and agreement on bilateral relations was signed at 4: 00 AM on 3rd of July 1972. Various agreements were also signed by the two leaders which include respecting the Line of Control (LoC) by both the countries where the declaration of cease fire on 17th of December 1971 took place, withdrawals of forces from the war zones , process to be completed within 30 days and that the two countries shall settle all outstanding issues through negotiations and peaceful means and finally both the countries shall abide by the principles and purposes of the charter of united nations.
Kashmir accord 13th November 1974:
The state of Jammu and Kashmir which is a constituent unit of the union of India shall in its relations with the union continue to be governed by Article 370 of the Constitution of India. The residuary powers of the legislation shall remain with the state and the parliament shall continue to make law preventing activities disclaiming, questioning or disrupting the sovereignty and territorial integrity of India or bringing about cession of India from the union or causing insult to the Indian National Flag, National Anthem and the Constitution. After this accord Sheikh Mohd. Abdullah was sworn in as Chief Minister of Jammu and Kashmir state on 25th of February 1975 on 13th of March, Parliament of India approved Sheikh-Indira accord and on 5th of July 1975 J and K Plebiscite Front was dissolved after unanimous decisions. After two years J and K Cabinet term of Legislative Assembly was extended from 5 to 6 years i.e. 10th of February 1977. The proxy war let loose by Pakistan in J and K since 1989 has spoiled peace and tranquity of the State and it has increased the miseries of people of the state may folds. Pakistan again played a big mischievous act by sending militants along with Pakistan regular (especially Chitral Scouts) to capture heights of Kargil areas which ultimately led to Kargil war between India and Pakistan in May 1999 and Pakistan had to face a big defeat. Pakistan wants to keep pot boiling in Kashmir because Pakistan does not see any ray of hope to settle Kashmir dispute. Since J and K State is an integral part of India and there can not be any compromise on the sovereignty and integrity of India.