UNSC Resolution 47 on Kashmir

What is the issue?

• The government removed the special status for the state of Jammu and Kashmir by modifying Article 370 of India’s Constitution.
• Pakistan’s Prime Minister said that this is an illegal move.

How did Pakistan react?

• Pakistan’s Prime Minister, Imran Khan said that India’s move will further deteriorate relations between nuclear-capable neighbours.
• Its Foreign Ministry said that no unilateral step by the Government of India could change the disputed status, as enshrined in the United Nations Security Council (UNSC) resolutions.

What are the UNSC resolutions that Imran Khan spoke about?

• Imran Khan in his statement referred to UNSC Resolution 47.
• In 1947, following an invasion by Pakistani soldiers, the Maharaja of Kashmir signed the Instrument of Accession with India.
• After the first war in Kashmir (1947-1948), India approached the UNSC to bring the conflict in Kashmir to the notice of its members.
• This resolution focuses on the Government of India’s complaint concerning the dispute over the State of J&K.

Who were the UNSC members who oversaw the issue?

• 5 permanent members - China, France, UK, US & Russia.
• 6 non-permanent members - Argentina, Belgium, Canada, Colombia, Syria and the Ukrainian Soviet Socialist Republic.

What happened at the UNSC?

• India - Was ready to hold a plebiscite, to know of the people’s desire and accept the results of the vote.
• Pakistan - Denied its involvement in the conflict and counter-accused India.
• UNSC - Under Resolution 39 (1948), it set up the UN Commission with a view to facilitate the restoration of peace and order and to the holding of a plebiscite, by the two Governments in Kashmir.

What did the UNSC order India to do?

• It said that after the Pakistani army had withdrawn from the State, India was to submit a plan to the Commission.
• The plan should be for withdrawing the forces from J&K and to reduce them over a period of time to the minimum strength required for civil maintenance of law and order.
• India should appraise the Commission of the stages at which steps had been taken to reduce military presence to the minimum strength.
• India was ordered to keep the State forces and police forces in the areas to be agreed upon by the Plebiscite Administrator.
• It also directed India to recruit local personnel for law and order and to safeguard the rights of minorities.

What did the UNSC order Pakistan to do?

• The UNSC ordered that Pakistan was to withdraw its nationals who had entered the State for the purpose of fighting and to prevent future intrusions.
• It also stated it to give full freedom to all subjects of the State to express their views and the freedom to vote in the plebiscite.

Why India rejected the UNSC Resolution 47?

• India’s disagreement was that the resolution ignored the military invasion by Pakistan and placing both nations on an equal diplomatic ground was a dismissal of Pakistan’s aggression.
• The fact that the Maharaja of Kashmir had signed the Instrument of Accession (IoA) was also ignored in the resolution.
• The order to form a coalition government will put the Prime Minister of the Jammu & Kashmir, in a difficult position.
• India also believed that the powers conferred on the Plebiscite Administrator undermined the state’s sovereignty.
• India wanted Pakistan to be excluded from the plebiscite.

Why Pakistan rejected the UNSC Resolution 47?

• It objected to even the minimum presence of Indian forces in Kashmir, as allowed by the resolution.
• It wanted equal representation in the state government for the Muslim Conference (Dominant party in Pakistani-held Kashmir).
• Despite their differences with the provisions of Resolution 47, both India and Pakistan welcomed the UN Commission and agreed to work with it.

Source: The Indian Express