UN RESOLUTION ON KASHMIR CRISIS 1948

Resolution 47 (1948)
On the India-Pakistan question submitted jointly by the Representatives for
Belgium, Canada, China, Colombia, the United Kingdom and United States
of America and adopted by the Security Council at its 286th meeting held on
21 April, 1948.

 

 1. 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 purposes
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;

(b) To make known to all concerned that the measures indicated in this and the following
paragraphs provide full freedom to all subjects of the State, regardless of creed, caste, or
party, to express their views and to vote on the question of the accession of the State, and
that therefore they should co-operate in the maintenance of peace and order.

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;

(b) Make known that the withdrawal is taking place in stages and announce the completion of
each stage; When the Indian forces shall have been reduced to the minimum strength
mentioned in (a) above, arrange in consultation with the Commission for the stationing of the
remaining forces to be carried out in accordance with the following principles:

(i) That the presence of troops should not afford any intimidation or appearance of
intimidation to the inhabitants of the State;
(ii) That as small a number as possible should be retained in forward areas;
(iii) That any reserve of troops which may be included in the total strength should be located
within their present base area.

3. The Government of India should agree that until such time as the plebiscite administration referred
to below finds it necessary to exercise the powers of direction and supervision over the State forces
and policy provided for in paragraph 8, they will be held in areas to be agreed upon with the
Plebiscite Administrator.

4. After the plan referred to in paragraph 2 (a) above has been put into operation, personnel
recruited locally in each district should so far as possible be utilised for the re-establishment and
maintenance of law and order with due regard to protection )t minorities, subject to such additional
requirements as may be specified by the Plebiscite Administration referred to in paragraph 7.

5. If these local forces should be found to be inadequate, the Commission, subject to the agreement
of both the Government of India and the Government of Pakistan, should arrange for the use of such
forces of either Dominion as it deems t(effective for the purpose of pacification.

B - PLEBISCITE

6. The Government of India should undertake to ensure that the Government of the State invite the
major political groups to designate responsible representatives to share equitably and fully in the
conduct of the administration at the ministerial level, while the plebiscite is being prepared and
carried out.

7. The Government of India should undertake that there will be established in Jammu and Kashmir a
Plebiscite Administration to hold a Plebiscite as soon as possible ()n the question of the accession of
the State to India or Pakistan.

8. The Government of India should undertake that there will be delegated by the State to the
Plebiscite Administration such powers as the latter considers necessary for holding a fair and
impartial plebiscite including, for that purpose only, the direction and supervision of the State forces
and police.

9. The Government of India should at the request of the Plebiscite Administration, make available
from the Indian forces such assistance as the Plebiscite Administration may require for the
performance of its functions.

10. (a) The Government of India should agree that a nominee of the Secretary-General of the United
Nations will be appointed to be the Plebiscite Administrator. The Plebiscite Administrator, acting as
an officer of the State of Jammu and Kashmir, should have authority to nominate the assistants and
other subordinates and to draft regulations governing the Plebiscite. Such nominees should be
formally appointed and such draft regulations should be formally promulgated by the State of Jammu
and Kashmir.

The Government of India should undertake that the Government of Jammu and Kashmir will appoint
fully qualified persons nominated by the Plebiscite Administrator to act as special magistrates within
the State judicial system to hear cases which in the opinion of the Plebiscite Administrator have a
serious bearing on the preparation and the conduct of a free and impartial plebiscite. The terms of
service of the Administrator should form the subject of a separate negotiation between the
Secretary-General of the United Nations and the Government of India. The Administrator should fix
the terms of service for his assistants and subordinates.

The Administrator should have the right to communicate directly, with the Government of the State
and with the Commission of the Security Council and, through the Commission, with the Security
Council, with the Governments of India and Pakistan and with their representatives with the
Commission. It would be his duty to bring to the notice of any or all of the foregoing (as he in his
discretion may decide) any circumstances arising which may tend, in his opinion, to interfere with the
freedom of the Plebiscite.

11. The Government of India should undertake to prevent to give full support to the Administrator
and his staff in preventing any threat, coercion or intimidation, bribery or other undue influence on the
voters in the plebiscite, and the Government of India should publicly announce and should cause the
Government of the State to announce this undertaking as an international obligation binding on all
public authorities and officials in Jammu and Kashmir.

12. The Government of India should themselves and through the Government of the State declare
and make known that all subjects of the State of Jammu and Kashmir, regardless of creed, caste or
party, will be safe and free in expressing their views and in voting on the question of the accession of
the State and that there will be freedom of the Press, speech and assembly and freedom of travel in
the State, including freedom of lawful entry and exit.

13. The Government of India should use and should ensure that the Government of the State also
use their best endeavour to effect the withdrawal from the State of all Indian nationals other than
those who are normally resident therein or who on or since 15th August 1947 have entered it for a
lawful purpose.

14. The Government of India should ensure that the Government of the State releases all political
prisoners and take all possible steps so that:

(a) all citizens of the State who have left it on account of disturbances are invited and are free
to return to their homes and to exercise their rights as such citizens;
(b) there is no victimisation; minorities in all parts of the State are accorded adequate
protection.

15. The Commission of the Security Council should at the end of the plebiscite certify to the Council
whether the plebiscite has or has not been really free and impartial.

C - GENERAL PROVISIONS

16. The Governments of India and Pakistan should each be invited to nominate a representative to
be attached to the Commission for such assistance as it may require in the performance of its task.