25/09/2016
Maharaja Hari Singh became the ruler of the princely state of
Jammu and Kashmir in 1925, and he was the reigning monarch
at the conclusion of the British rule in the subcontinent in 1947.
With the impending independence of India, the British
announced that the British Paramountcy over the princely states
would end, and the states were free to choose between the new
Dominions of India and Pakistan or to remain independent. It
was emphasised that independence was only a `theoretical
possibility' because, during the long rule of the British in India,
the states had come to depend on British Indian government for a
variety of their needs including their internal and external
security.
Jammu and Kashmir had a Muslim majority (77% Muslim by
the previous census in 1941[12] ). Following the logic of
Partition , many people in Pakistan expected that Kashmir would
join Pakistan. However, the predominant political movement in
the Valley of Kashmir (Jammu and Kashmir National
Conference ) was secular, and was allied with the Indian
National Congress since the 1930s. So many in India too had
expectations that Kashmir would join India. [13][14] The
Maharaja was faced with indecision. [note 2]
On 22 October 1947, rebellious citizens from the western districts
of the State and Pushtoon tribesmen from the Northwest
Frontier Province of Pakistan invaded the State, backed by
Pakistan. [15][16] The Maharaja initially fought back but
appealed for assistance to the India , [17][18] who agreed on the
condition that the ruler accede to India. [19] Maharaja Hari
Singh signed the Instrument of Accession on 26 October 1947 in
return for military aid and assistance, [20] which was accepted
by the Governor General the next day. [21][22] While the
Government of India accepted the accession, it added the proviso
that it would be submitted to a "reference to the people" after the
state is cleared of the invaders, since "only the people, not the
Maharaja, could decide where Kashmiris wanted to live." It was
a provisional accession. [23][24][25][note 3]
Once the Instrument of Accession was signed, Indian soldiers
entered Kashmir with orders to evict the raiders. The resulting
Indo-Pakistani War of 1947 lasted till the end of 1948. At the
beginning of 1948, India took the matter to the United Nations
Security Council. The Security Council passed a resolution
asking Pakistan to withdraw its forces as well as the Pakistani
nationals from the territory of Jammu and Kashmir, and India
to withdraw the majority of its forces leaving only a sufficient
number to maintain law and order, following which a Plebiscite
would be held. A ceasefire was agreed on 1 January 1949,
supervised by UN observers. [26]
A special United Nations Commission for India and Pakistan
(UNCIP) was set up to negotiate the withdrawal arrangements
as per the Security Council resolution. The UNCIP made three
visits to the subcontinent between 1948 and 1949, trying to find
a solution agreeable to both India and Pakistan.[27] It passed a
resolution in August 1948 proposing a three-part process. It was
accepted by India but effectively rejected by Pakistan.[note 4] In
the end, no withdrawal was ever carried out, India insisting that
Pakistan had to withdraw first, and Pakistan contending that
there was no guarantee that India would withdraw afterwards.
[28] No agreement could be reached between the two countries on
the process of demilitarisation. [29]
India and Pakistan fought two further wars in 1965 and 1971.
Following the latter war, the countries reached the Simla
Agreement , agreeing on a Line of Control between their respective
regions and committing to a peaceful resolution of the dispute
through bilateral negotiations .
