Accession of Jammu & kashmir

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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 emphasized 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). 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.The Maharaja was faced with indecision.

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.The Maharaja initially fought back but appealed for assistance to the India,who agreed on the condition that the ruler accede to India.Maharaja Hari Singh signed the Instrument of Accession on 26 October 1947 in return for military aid and assistance,which was accepted by the Governor General the next day.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.

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.

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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. It passed a resolution in August 1948 proposing a three-part process. It was accepted by India but effectively rejected by Pakistan. 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 afterward. No agreement could be reached between the two countries on the process of demilitarization.

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.

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