United Nations Security Council
SUMMARY
November 23, 2023

This resolution enlarged the membership of UNCIP and recommended measures that would bring about a cessation of the fighting and create the proper conditions for a free and impartial plebiscite to decide whether the State of Jammu and Kashmir would accede to India or Pakistan.

Topics: international peace, international intervention, failure of bilateralism, demilitarization, right to self-determination, right to free expression, political rights, no intimidation, freedom of movement, right of return, minority rights, human rights

ARTICLE PREVIEW

Notes that GoI and GoP desire that the question of the accession of the Princely State to India or Pakistan should be decided through the democratic method of a free and impartial plebiscite

 

Recommends to create proper conditions for a free and impartial plebiscite to decide whether the Princely State is to accede to India or Pakistan:

GoP should undertake to use its best endeavors to:

  • secure the withdrawal of tribesmen and Pakistani nationals not normally resident in the Princely State who have entered the State for the purpose of fighting and to prevent any intrusion into the Princely State of such elements and any furnishing of material aid to those fighting in the State
  • make known to all concerned that the subjects of the Princely State are to be provided full freedom to express their views and vote on the question of the accession of the State

GoI should:

  • When it is established to the satisfaction of UNCIP that tribesmen are withdrawing and arrangements for the cessation of fighting have become effective, put into operation in consultation with UNCIP a plan for withdrawing its own forces from the Princely State and reducing them to the minimum required for support of civil power in the maintenance of law and order
  • Make known that the withdrawal is taking place in stages and announce the completion of each stage
  • When Indian forces have been reduced, arrange in consultation with UNCIP for stationing of remaining forces so that: (i) the presence of troops does not afford any intimidation or appearance of intimidation to the inhabitants of the Princely State, (ii) as small a number as possible is retained in forward areas and (iii) any reserve troops are located within their present base area
  • Agree to hold Princely State forces and police in areas to be agreed with the UN plebiscite administrator (until the UN plebiscite administrator exercises direct powers of direction and supervision)
  • Undertake to ensure that the Government of the Princely State invite the major political groups to designate representatives to share equitably and fully in the administration of the Princely State while the plebiscite is being prepared and carried out
  • Undertake to establish a plebiscite administration to hold a plebiscite as soon as possible on the question of accession to India or Pakistan
  • Undertake to delegate to the plebiscite administration such powers as the plebiscite administration considers necessary for holding a fair and impartial plebiscite
  • Make available such assistance as the plebiscite administration may require for the performance of its functions
  • Agree that a nominee of the UN Secretary-General will be appointed as the plebiscite administrator
  • Undertake to prevent, and to give full support to the plebiscite administrator and his staff in preventing, any threat, coercion, intimidation, bribery or other undue influence on voters in the plebiscite and publicly announce this undertaking as an international obligation binding on all public authorities and officials
  • Declare and make known that all subjects of the Princely State will be safe and free in expressing their views and in voting on the question of accession of the Princely State and that there will be freedom of the press, speech and assembly and freedom of travel in the Princely State, including freedom of lawful entry and exit
  • Use best endeavors to effect the withdrawal from the Princely State of all Indian nationals other than those who are normally resident therein or who on or since August 15, 1947 have entered for a lawful purpose
  • Ensure that the Government of the Princely State releases all political prisoners and takes all possible steps so that all citizens of the Princely State are invited to and are free to return to their homes and exercise their rights, there is no victimization and minorities are accorded adequate protection

Complaint brought by GoI; Resolution approved by UNSC paragraph by paragraph (no vote taken on whole text)

Link to Original Article

April 1948

Originally published

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