• What was background to U.N. Resolution/Simla Agreement, their contents and Ambass G Parthasarathy’s views on the Simla agreement making the U.N. Resolution redundant. No plebiscite because Pakistan did not implement condition 1 of 1948 U.N. Resolution i.e. removing its troops from Jammu & Kashmir. 

Ever since 26 tourists were killed in Pahalgam and Operation Sindoor thereafter, numerous experts refer to the 1948 United Nations Resolutions on Jammu and Kashmir, as if blaming India for lack of its implementation, whilst missing the Simla Agreement.

Indians must remember that Kashmir Valley is only 7 % of the area of the state of Jammu and Kashmir that was acceded to India via the Instrument of Accession signed by Maharaja Hari Singh in 1947, 54% is illegally occupied by Pakistan and China. Source

This article covers background to the U.N. Resolution and Simla Agreement, their contents and Ambass G Parthasarathy’s views on the Agreement making the U.N. Resolution redundant. 

Background to the UN Resolution in brief

Some 5,000 Pathan tribesmen invaded the State, on the night of 21/22 October 1947; looting, killing and raping along the way. The Maharaja wanted the Indian Army to drive out the invaders for which he needed to sign the Instrument of Accession (IOA). This he did on 26/10/1947.

In the early hours of 27/10/1947 began an operation that had never occurred in the history of warfare before. On 7th November Indian troops won the Battle of Shalteng, thereby removing all threats to Srinagar. Three days later, Baramulla was recaptured. The process of retreat by the enemy on all fronts began.

On Mountbatten’s advice, Nehru decided to lodge a complaint to the United Nations Security Council. That was done on 1/1/1948. The cease-fire was announced on 1/1/1949.

On 5/1/1949 the U.N. Commission for India and Pakistan proposed a resolution whereby the future of J&K would be determined by a democratic method of a plebiscite conducted by India under the UN’s auspices but after Pakistan withdrew its troops from the State and disbanding of Azad Kashmir forces. The occupied areas were never recovered.

Votaries of plebiscite quote Nehru's promise of a plebiscite made in his All India Radio broadcast in 1947.

However according to former CJI M C Mahajan the IOA and the Indian Independence Act 1947, passed by the British Parliament, gave no legal or constitutional authority to Nehru or Mountbatten, the then governor general, to make that promise. Former Chief Justice of India, A S Anand presented a series of arguments in his book to conclude, ‘This position brings one to the conclusion that to hold a plebiscite would be repugnant to the Constitution of India and J&K’. 1pg 85

Burnt and Deserted Pandit Homes, Anantnag. 2014. 

What does the U.N. Resolution no 47 passed on 21/4/1948 say?

Excerpts from resolution, “Having considered the complaint of the Government of India concerning the dispute over the State of Jammu and Kashmir, Noting with satisfaction that both India and Pakistan desire that the question of the accession of Jammu and Kashmir to India or Pakistan should be decided through the democratic method of a free and impartial plebiscite, 

Recommends to the Governments of India and Pakistan the following measures as those which in the opinion of the Council are appropriate to bring about a cessation of the fighting and to create proper conditions for a free and impartial plebiscite to decide whether the State of Jammu and Kashmir is to accede to India or Pakistan:

The Government of Pakistan should undertake to use its best endeavours: (a) To secure the withdrawal from the State of Jammu and Kashmir of tribesmen and Pakistani nationals not normally resident therein who have entered the State for the purpose of fighting, and to prevent any intrusion into the State of such elements and any furnishing of material aid to those fighting in the State;

2. The Government of India should: (a) When it is established to the satisfaction of the Commission set up in accordance with the Council's resolution 39 (1948) that the tribesmen are withdrawing and that arrangements for the cessation of the fighting have become effective, put into operation in consultation with the Commission a plan for withdrawing their own forces from Jammu and Kashmir and reducing them progressively to the minimum strength required for the support of the civil power in the maintenance of law and order;”

To read full resolution Online on U.N. site and for PDF click on PDF

Simply put, the resolutions ask Pakistan was to withdraw its troops from Jammu and Kashmir i.e. (Mirpur, Muzzafarabad, Gilgit and Baltistan (POJK). Since Pakistan has not withdrawn its troops, a plebiscite could not be held.  

Further Retd Deputy Army Chief Lt Gen N S Malik wrote in Indian Defence Review, ‘Similarly the so called “Two Nation Theory”, under whose umbrella Pakistan was formed, applied only to British ruled India and not the princely states, and hence a state being Muslim majority did not disqualify it from joining Indian Union. (Note that Kapurthala in Punjab was a Muslim Majority State). In the same context, referendum in J&K is illegal as it was not agreed by Muslim League to hold referendum in princely states but left to their rulers to accede to India or Pakistan, contiguity being a criteria for the same.’ Source

The U.N. Resolution of 1948 does not question the legality of the accession of Jammu and Kashmir to India. 

Read  All you wanted to know about Jammu and Kashmir Accession to India

Arms seized from Kashmiri Militants displayed by the Indian Army at Shivaji Park, Mumbai. 1998. 

Background to Simla Agreement

The Agreement was signed on July 2, 1972 by Z A Bhutto as President of the Islamic Republic of Pakistan and Smt Indira Gandhi, as Prime Minister of the Republic of India.

Note that Bhutto signed the agreement as President of a truncated Pakistan because East Pakistan became an independent country namely Bangladesh on 17/12/1971. Read  Independence of Bdesh 1971

What does the Simla Agreement say?

Excerpts from the Simla Agreement, “The Government of India and the Government of Pakistan are resolved that the two countries put an end to the conflict and confrontation that have hitherto marred their relations and work for the promotion of a friendly and harmonious relationship and the establishment of durable peace in the sub-continent.

Para 1 (2) - That the two countries are resolved to settle their differences by peaceful means through bilateral negotiations or by any other peaceful means mutually agreed upon between them.

Para 4 (ii) - In Jammu and Kashmir, the line of control resulting from the cease-fire of December 17, 1971 shall be respected by both sides without prejudice to the recognized position of either side. Neither side shall seek to alter it unilaterally, irrespective of mutual differences and legal interpretations. Both sides further undertake to refrain from the threat or the use of force in violation of this Line.” 

Simply put, “The agreement “was a comprehensive blueprint for good neighbourly relations between India and Pakistan”, with both countries undertaking “to abjure conflict and confrontation which had marred relations in the past, and to work towards the establishment of durable peace, friendship and cooperation”. Indian Express

To read Agreement in PDF click on PDF.

By stating that one, differences would be settled through bilateral negotiations it removes the scope for any third party intervention and two, the line of control would not be unilaterally changed through the use of force.

Temples of Kashmir. Pic by Namrata Wakhloo. 

India's former high commissioner to Pakistan (1998 to 2000) G Parthasarathy wrote:

In 2015 in Rediff.com, “After failing to achieve his objective of seizing control of Jammu and Kashmir militarily, President Ayub Khan sought to urge the UN to arrange a plebiscite in the state. He forgot that Pakistan itself had rendered the key 1948 UN Security Council Resolution redundant and un-implementable, by refusing to withdraw its army from the state, as required by the UN Resolution.

The Simla Agreement signed in 1972 after the Bangladesh conflict, by then prime ministers Indira Gandhi and Zulfiqar Ali Bhutto, stated that the issue of J&K would be settled by bilaterally between India and Pakistan, discarding recourse to earlier UN Resolutions.

Despite the provisions of the Simla Agreement, Pakistan chose to enact a diplomatic soap opera in annual sessions of the UN General Assembly by demanding UN action to resolve the Kashmir issue. India routinely responded by pointing out that the issue had to be settled bilaterally.” Source

On Suspension of the Simla Agreement Mr Parthasarathy told the MINT in 2025, “How can a country suspend a bilateral agreement signed years ago between two countries,” questioned G Parthasarathy, former Indian envoy to Pakistan. Of course, Islamabad is well within its rights to disregard a formal treaty, Parthasarathy told this reporter.

In his view, there is a clause in the Shimla Agreement which agrees to settle all disputes between India and Pakistan by bilateral discussions. “Once that agreement was inked, one thing became very clear. The border cannot be changed,” Parthasarathy, who served as the High Commissioner of India to Pakistan between 1999 and 2000 in the crucial Kargil War years, said.” Source

Read  Pakistan says it has put Simla Treaty in abeyance  Have you ever heard Pakistan referring to the Simla Agreement earlier and importantly following it? 

Has Pakistan fulfilled the promises it made after being defeated in the war of 1971?

There is more to Jammu and Kashmir than Kashmir. Jammu region collage.

The world, Indians included, must realize that as long as Pakistan exists it shall be anti-India. The day hatred for India stops, the Pakistani people will not know what to do with their energy – might feel the need to decipher their true identity.  

References

1. The Constitution of Jammu and Kashmir, Its Development and Comments. Third Edition 1998 by Justice A S Anand

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