India’s changing stance on Kashmir
By Khalid Khokhar

UNDER the partition plan provided by the Indian Independence Act of 1947, Kashmir was free to accede to India or Pakistan. But the Maharaja of Kashmir, Hari Singh, could not make up his mind. Possibly, he had hoped that he could keep Kashmir independent. However, the independence of Kashmir could have been achieved with the consent of both India and Pakistan. Such a consent was out of question.

The Maharaja proposed “Standstill Agreements” with both the States. Pakistan entered into such an agreement, whereas India did not. Essentially, it was the first step to accession, which gave Pakistan automatic authority over Kashmir’s foreign policy and that Kashmir could not, thereafter, make any move without Pakistan’s previous consent. These consequences were denied from the Indian side. India started putting improper pressure on the Maharajah to accede to India.

The last Viceroy, Lord Mountbatten, continued to press the Maharajah to act quickly. The partition of India had been on the principle that contiguous areas with Muslim majorities in both west and east India went to Pakistan. This included all the western and northern districts of the Punjab, which are contiguous to Kashmir.

Almost the whole area of Kashmir is inhabited by a predominately Muslim population, therefore, it would seem that the Maharajah of Kashmir ought to have acceded to Pakistan. The Indian leaders persisted that since India is a secular State and not a Hindu State, therefore, any area with Muslim majority be decided on the result of free vote of the people concerned. Nevertheless, through systematic and well-thought intrigues by the Indian leadership, the right of self-determination was not allowed to the people of Kashmir.

Troops from India were thereupon immediately flown into Kashmir on the hoax pretext of tribal invasion of the Kashmir Valley. Under duress, the Maharajah acceded to Indian Union. India declared, “when peace and order were restored, the accession need to be ratified by a popular vote”. From that position, Mr Nehru has never receded; nevertheless, successive Indian governments deviated from the stance as per requirement from time to time.

Following the accession, the leaders of India, including the first Governor-General Mountbatten, and the first Prime Minister, Jawaharlal Nehru, repeatedly pledged that the question of Kashmir would be decided in accordance with the wishes of the Kashmiris. The pledge was incorporated in the UN resolutions of 13 August 1948, and 5 January 1949. Both Pakistan and India, accepted that the question of accession would be decided through the democratic method of free and impartial plebiscite. Indian fluctuating stance was openly observed when the State of Jammu and Kashmir had become a part of the Union of India by virtue of the so-called Instrument of Accession.

However, while the Resolution of January 5, 1949 was instrumental in persuading the parties to cease fighting in Kashmir, it did not succeed in paving the way for promised plebiscite therein. Serious obstacles were raised to the plebiscite proposal and on January 26, 1950 the Constitution of India came into force. Vide Article 370, the Indian Parliament could make laws in respect of the Instrument of Accession. It proclaimed that it would determine the future shape and affiliations of the State, namely to “ratify the formal accession of the State to India”.

As this move could nullify the International Agreements embodied in the Resolutions of August 13, 1948, and January 5, 1949 the Security Council’s attention was drawn to this Indian changing stand by Pakistan. In the meeting of the Security Council held to discuss this matter on March 29, 1951 the representative of India made a categorical statement that India would not act contrary to its commitments embodied in the United Nations Commission for India and Pakistan (UNCIP) resolutions.

Accordingly, the Security Council adopted a resolution on March 30, 1951 reaffirming plebiscite resolution to the people of Kashmir. It stated: “Observing that Government of India and Pakistan has accepted the provision of the United Nations Commission for India and Pakistan resolutions of 13 August, 1948 and 5 January, 1949 and have reaffirmed their desire that the future of the State of Jammu and Kashmir shall be decided through the democratic method of a free and impartial plebiscite conducted under the auspices of the United Nations.

Observing that on 27 October 1950, the General Council of the “All Jammu and Kashmir National Conference” adopted a resolution recommending the convening of a Constituent Assembly for the purpose of determining the “future shape and affiliations of the State of Jammu and Kashmir”. Observing further from statements of responsible authorities that action is proposed to convene such a Constituent Assembly and that the area from which such a Constituent Assembly would be elected is only a part of the whole territory of Jammu and Kashmir.

Reminding the governments and authorities convened of the principle embodied in its resolution 47 (1948) of 21 April 1948, 51 (1948) of 3 June 1948 and 80 (1950) of 14 March 1950 and the United Nations Commission for India and Pakistan resolutions of 13 August, 1948 and 5 January, 1949 that the final disposition of the State of Jammu and Kashmir will be made in accordance with the will of the people expressed through the democratic method of a free and impartial plebiscite conducted under the auspices of the United Nations. Affirming that the convening of a Constituent Assembly as recommended by the General Council of the “All Jammu and Kashmir National Conference” and any action that Assembly might attempt to take to determine that future shape and affiliation of the entire State or any part thereof would not constitute a disposition of the State in accordance with the above principle.

However, the Constituent Assembly was convened but this Constituent Assembly did no prove as pliable as India had hoped. The semblance of independence that Sh Abdullah contrived to put on it, was a source of great unhappiness for the Indian leaders. After forcing the hated Dogra ruler Sir Hari Singh to abdicate in favour of his son, Sh Abdullah instead that the latter would act only as a constitutional ruler, pursued his economic programme, which envisaged the confiscation of the huge landed estates of the rich Hindu Jagirdars.

This was vehemently resented by powerful sections of the society. The manner in which he was conducting himself showed that he was more interested in his economic and other programmes than in securing a decision on the accession of the State to India - avowed purpose for which the Assembly was convened.

He was, accordingly not only dismissed from his office on August 8,1953 but also ordered to be arrested. A puppet Government under Bakhshi Ghulam Muhammad was set up to get, as soon as the storm over Abdullah’s arrest had blown over, a resolution passed from the Assembly for the accession of the State to India, which was done on February 20, 1954. Thereafter, steps were begun to integrate Kashmir completely with India. In May, 1954 a presidential order was issued whereby the provisions of the Indian Constitution were extended to India Held Kashmir (IHK) and in their public speeches the Indian leaders began to assert that “all talk of a plebiscite is now completely besides the point”.

In consonance with these declarations, in October 1956 the Constituent Assembly adopted a constitution for Jammu and Kashmir, which declared (contrary to the security Council’s Resolution of March 30,1951) that “the State is and shall be an integral part of the Union of India”. The question, therefore, was again taken back to the Security Council in 1956. After a detailed debate before it the Security Council adopted a Resolution on January 24, 1957 reiterating its earlier Resolution of March 30, 1951.●

© 2005 Khalid Khokhar