Thursday, September 4, 2008

Post-1947 developments, including ratification of accession

The UN Security Council on 20 January 1948 passed Resolution 39, establishing a special commission to investigate the conflict. Subsequent to the commission's recommendation, the Security Council ordered in its Resolution 47, passed on 21 April 1948, that the invading Pakistani army retreat from Jammu & Kashmir and that the accession of Kashmir to either India or Pakistan be determined in accordance with a plebiscite to be supervised by the UN.

The Government of India holds that the Maharaja signed a document of accession to India October 26, 1947. Pakistan has disputed whether the Maharaja actually signed the accession treaty before Indian troops entered Kashmir. Furthermore, Pakistan claims the Indian government has never produced an original copy of this accession treaty and thus its validity and legality is disputed. However, India has produced the instrument of accession with an original copy image on its website. Alan Campbell-Johnson, the press attaché to the Viceroy of India states that "The legality of the accession is beyond doubt."

The eastern region of the erstwhile princely state of Kashmir has also been beset with a boundary dispute. In the late 19th- and early 20th centuries, although some boundary agreements were signed between Great Britain, Afghanistan and Russia over the northern borders of Kashmir, China never accepted these agreements, and the official Chinese position did not change with the communist takeover in 1949. By the mid-1950s the Chinese army had entered the north-east portion of Ladakh. : "By 1956–57 they had completed a military road through the Aksai Chin area to provide better communication between Xinjiang and western Tibet. India's belated discovery of this road led to border clashes between the two countries that culminated in the Sino-Indian war of October 1962." China has occupied Aksai Chin since the early 1950s and, in addition, an adjoining region almost 8% of the territory, the Trans-Karakoram Tract was ceded by Pakistan to China in 1965.

Meanwhile, elections were held in Indian Jammu & Kashmir, which brought up the popular Muslim leader Sheikh Abdullah, who with his party National Conference, by and large supported India. The elected Constituent Assembly met for the first time in Srinagar on October 31, 1951. Then The State Constituent Assembly ratified the accession of the State to the Union of India on February 6, 1954 and the President of India subsequently issued the Constitution (Application to J&K) Order under Article 370 of the Indian Constitution extending the Union Constitution to the State with some exceptions and modifications. The State’s own Constitution came into force on January 26, 1957 under which the elections to the State Legislative Assembly were held for the first time on the basis of adult franchise the same year. This Constitution further reiterated the ratification of the State’s accession to Union of India. However, these tidings were not recognized by Pakistan, which has continued to press for a plebiscite to ascertain the wishes of the people. Pakistan set up its own Kashmir, called Azad Kashmir in a tiny Western chunk that it controls. The much larger region of Pakistani Kashmir in the North-West, which was a province named Northern Areas in the erstwhile state, by and large bore no mention in Pakistani laws and Constitution as being of any status, until in 1982 the Pakistani President General Zia ul Haq proclaimed that the people of the Northern Areas were Pakistanis and had nothing to do with the State of Jammu and Kashmir.

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