UN Resolutions
The Security Council’s Plebiscite Plan
“Text of Resolution on the India-Pakistan Question submitted jointly by the Representatives of Belgium, Canada, China, Colombia, the United Kingdom and the United States of America, and adopted by the Security Council at its 26th meeting held on 21st April 1948.”
The Security Council
Having considered the complaint of the Government of India concerning the dispute over the State of Jammu and Kashmir, having heard the representative of Pakistan;
Being strongly of the opinion that the early restoration of peace and order in Jammu and Kashmir is essential and that India and Pakistan should do their utmost to bring about a cessation of all fighting; Noting with satisfaction that both India and Pakistan desire that the accession of Jammu and Kashmir to India or Pakistan should be decided through the democratic method of a free and impartial plebiscite; Considering that the continuation of the dispute is likely to endanger international peace and security;
Reaffirms the Council’s Resolution of 17th January;
Resolves that the members of the Commission established by the resolution of the Council of 20 January 1948, shall be increased to five and shall include, in addition to the membership mentioned in that resolution, representatives of – and -, and that if the membership of the Commission has not been completed within ten days from the date of the adoption of this resolution the President of the Council may designate such other Member or Members of the United Nations as are required to complete the membership of five;
Instructs the Commission to proceed at once to the Indian Subcontinent and there place its good offices and mediation at the disposal of the Governments of India and Pakistan, with a view to facilitating the taking of the necessary measures, both with respect to the restoration of peace and order, and to the holding of a plebiscite by the two Governments, acting in co- operation with one another and with the Commission, and further instructs the Commission to keep the Council informed of the action taken under the resolution, and to end –
Recommends to the Governments of India and Pakistan, the following measures as those which in the opinion of the Council are appropriate to bring about a cessation of the fighting and to create proper conditions for a free and impartial plebisicite to decide whether the State of Jammu and Kashmir is to accede to India or Pakistan.
A –Restoration of Peace and Order:
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, 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 of 20 January 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 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;
(c) When the Indian forces shall have been reduced to the minimum strength mentioned in (a) above, arrange for consultation with the Commission for the stationing of the remaining forces to he 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 he retained in forward areas.
(iii) That any reserve of troops which may he included in the total strength should he 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 paragragh 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 utilized for the re-establishment and maintenance of law and order with due regard to protection of minorities, subject to such additional requirements as may he specified by the Plebiscite Administration referred to in paragraph 7.
5. If these local forces should he found to be inadequate, the Commission, subject to the agreement of both the Government of India and the Government of Pakistan, should arrange for use of such forces of either Dominion as it deems 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 on the question of the accession of the State to India or Pakistan.
8. The Government of India should undertake that there will he 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 he appointed to be the Plebiscite Administrator.
(b) The Plebiscite Administrator, acting as an officer of the State of Jammu and Kashmir, should have authority to nominate his assistants and other subordinates and to draft regulations governing the plebiscite. Such nominees should he formally appointed and such draft regulations should be formally promulgated by the State of Jammu and Kashmir.
(c) 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 for and the conduct of a free and impartial plebiscite.
(d) 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.
(e) The Administrator should have the right to communicate direct 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 and 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 he 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 endeavours to effect the withdrawal from the State of all Indian nationals other than those who are normally resident therein or who, on or since 15 August 1947, have entered it for a lawful purpose.
14. The Government of India should ensure that the Government of the State release 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 victimization;
(c) 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 Government of India and Pakistan should each be invited to nominate a representative to he attached to the Commission for such assistance as it may require in the performance of its task.
17. The Commission should establish in Jammu and Kashmir, such observers as it may require for any of the proceedings in pursuance of the measures indicated in the foregoing paragraphs.
18. The Security Council Commission should carry out the task assigned to it herein.
Kashmir, UN Security Council Resolution 91
Resolution 91 (1951)
Concerning the India-Pakistan question submitted by the Representatives of
United Kingdom and United States and adopted by the Security Council on
March 30, 1951.
(Document No. S/2017/Rev. 1, dated the 30th March, 1951).
THE SECURITY COUNCIL,
Having received and noted the report of Sir Owen Dixon, the United Nations Representative for
India and Pakistan on his mission initiated by the Security Council resolution 80 (1950) of March
14, 1950.
Observing that the Governments of India and Pakistan have accepted the provisions of the United
Nations Commission for India and Pakistan resolutions of 13 August, 1948, and 5 January, 1949,
and have re-affirmed their desire that the future of the State of Jammu and Kashmir shall be decided through the democratic method of a free and impartial plebiscite conducted under the auspices of the United Nations.
Observing that on 27 October, 1950, the General Council of the "All Jammu and Kashmir National
Conference" adopted a resolution recommending the convening of a Constituent Assembly for the purpose of determining the "future shape and affiliations of the State of Jammu and Kashmir"; observing further from statements of responsible authorities that action is proposed to convene such a Constituent Assembly and that the area from which such a Constituent Assembly would be elected is only a part of the whole territory of Jammu and Kashmir.
Reminding the Governments and authorities concerned of the principle embodied in its resolutions 47
(1948) of 21 April 1948, 51(1948) of 3 June, 1948 and 80 (1950) of 14 March, 1950 and the
United Nations Commission for India and Pakistan resolutions of 13 August, 1948, and 5 January,
1949, that the final disposition of the State of Jammu and Kashmir will be made in accordance with the will of the people expressed through the democratic method of a free and impartial plebiscite conducted under the auspices of the United Nations.
Affirming that the convening of a Constituent Assembly as recommended by the General Council of the "All Jammu and Kashmir National Conference" and any action that Assembly might attempt to take to determine the future shape and affiliation of the entire State or any part thereof would not constitute a disposition of the State in accordance with the above principle.
Declaring its belief that it is the duty of the Security Council in carrying out its primary responsibility for the maintenance of international peace and security to aid the parties to reach an amicable solution of the Kashmir dispute and that a prompt settlement of this dispute is of vital importance to the maintenance of international peace and security.
Observing from Sir Owen Dixon's report that the main points of difference preventing agreement
between the parties were:
(a) The procedure for and the extent of demilitarisation of the State preparatory to the holding
of a plebiscite, and
(b) The degree of control over the exercise of the functions of Government in the State
necessary to ensure a free and fair plebiscite.
(1) Accepts, in compliance with his request, Sir Owen Dixon's resignation and expresses its
gratitude to Sir Owen Dixon's resignation and expresses its gratitude to Sir Owen for the great ability and devotion with which he carried out his mission;
(2) Decides to appoint a United Nations Representative for India and Pakistan in succession to Sir
Owen Dixon;
(3) Instructs the United Nations Representative to proceed to the sub-continent and, after
consultation with the Governments of India and Pakistan, to effect the demilitarisation of the State of Jammu and Kashmir on the basis of the United Nations Commission for India and Pakistan
resolutions of 13 August, 1948, and, 5 January, 1949;
(4) Calls upon the parties to co-operate with the United Nations Representative to the fullest degree in effecting the demilitarisation of the State of Jammu and Kashmir;
(5) Instructs the United Nations Representatives to report to the Security Council within three
months from the date of his arrival on the sub-continent; if at the time of this report, he has not
effected demilitarisation in accordance with paragraph three above, or obtained the agreement of the parties to a plan for effecting such demilitarisation, the United Nations Representative shall report to the Security Council those points of difference between the parties in regard to the interpretation and execution of the agreed resolutions of 13 August, 1948, and 5 January, 1949, which he considers must be resolved to enable such demilitarisation to be carried out;
(6) Calls upon the parties, in the event of their discussions with the United Nations Representative
failing in his opinion to result in full agreement, to accept arbitration upon all outstanding points of difference reported by the United Nations representative in accordance with paragraph five above.
Such arbitration to be carried 'out by an arbitrator, or a panel of arbitrators, to be appointed by the President of the International Court of Justice after consultation with the parties;
(7) Decides that the Military Observer Group shall continue to supervise the cease-fire in the State;
(8) Requests the Governments of India and Pakistan to ensure that their cement regarding the
cease-fire shall continue to be faithfully observed and calls them to take all possible measures to
ensure the creation and maintenance of an atmosphere favourable to the promotion of further
negotiations and to refrain from any likely to prejudice a just and peaceful settlement;
(9) Requests the Secretary-General to provide the United Nations Representative for India and
Pakistan with such services and facilities as may be necessary in carrying out the terms of this
resolution.
The Security Council voted on this Resolution on 30-3-51 with the following result:
In favour: Brazil, China, Ecuador, France, Netherlands, Turkey, U.K. and U.S.A.
Against: None
Abstaining: India, U.S.S.R. and Yugoslavia.
Kashmir, UN Security Council Resolution 80
Resolution 80 (1950)
Concerning the India-Pakistan question, submitted by the Representatives of
Cuba, Norway, United Kingdom and United States and adopted by the
Security Council on March 14, 1950.
(Document No. S/1469), dated the 14th March, 1950).
THE SECURITY COUNCIL,
Having received and noted the reports of the United Nations Commission for India and Pakistan
establishing its resolutions 39 (1948) of 20 January and 47 (1948) of 21 April 1948.
Having also received and noted the report of General A. G. L. McNaughton on the outcome of his
discussions with the representatives of India and Pakistan which were initiated in pursuance of the decision taken by the Security Council on December 17, 1949,
Commending the Governments of India and Pakistan for their statesman like action in reaching the agreements embodied in the United Nations Commission's resolutions of August 13, 1948 and
January 5, 1949 for a cease-fire, for the demilitarisation of the State of Jammu and Kashmir and for the determination of its final disposition in accordance with the will of the people through the
democratic method of a free and impartial plebiscite, and commending the parties in particular for their action in partially implementing these Resolutions by
(1) The cessation of hostilities effected January 1, 1949,
(2) The establishment of a cease-fire line on July 27, 1949, and
(3) The agreement that Fleet Admiral Chester W. Nimitz shall be Plebiscite Administrator,
Considering that the resolution of the outstanding difficulties should be based upon the substantial measure of agreement of fundamental principles already reached, and that steps should be taken forthwith for the demilitarisation of the State and for the expeditious determination of its future in accordance with the freely expressed will of the inhabitants,
1. Calls upon the Governments of India and Pakistan to make immediate arrangements, without
prejudice to their rights or claims and with due regard to the requirements of law and order, to
prepare and execute within a period of five months from the date of this resolution a programme of demilitarisation on the basis of the principles of paragraph 2 of General McNaughton proposal or of such modifications of those principles as may be mutually agreed;
2. Decides to appoint a United Nations Representative for the following purposes who shall have
authority to perform his functions in such place or places as he may deem appropriate;
(a) to assist in the preparation and to supervise the implementation of the programme of
demilitarisation referred to above and' to interpret the agreements reached by the parties for
demilitarisation;
(b) to place himself at the disposal of the Governments of India and Pakistan and to place
before those Governments or the Security Council any suggestions which, in his opinion, are
likely to contribute to the expeditious and enduring solution of the dispute which has arisen
between the two Governments in regard to the State of Jammu and Kashmir; to exercise all of
the powers and responsibilities devolving upon the United Nations Commission for India and
Pakistan by reason of existing resolutions of the Security Council and by reason of the
agreement of the parties embodied in the Resolutions of the United Nations Commission of
August 13, 1948 and January 5, 1949; to arrange at the appropriate stage of demilitarisation
for the assumption by the Plebiscite Administrator of the functions assigned to the latter under
agreements made between the parties; to report to the Security Council as he may consider
necessary, submitting his conclusions and any recommendations which he may desire to
make;
3. Requests the two Governments to take all necessary precautions to ensure that (heir agreements
regarding the cease-fire shall continue to be faithfully observed, and "calls upon them to take all
possible measures to ensure the creation and maintenance of 'in atmosphere favourable to the
promotion of further negotiations;
4.Extends its best thanks to the members of the United Nations Commission for India and Pakistan
and to General A. G. L. McNaughton for their arduous and fruitful labours;
5. Agrees that the United Nations Commission for India and Pakistan shall be (terminated, and
decides that this shall take place one month after both parties have informed the United Nations
Representative of their acceptance of the transfer to him the powers and responsibilities of the
United Nations Commission referred to in paragraph 2 (c) above.
The Security Council voted on this Resolution on 14-3-50 with the following result:
In favour: China, Cuba, Ecuador, Egypt, France, Norway, U.K. and U.S.A.
Against: None
Abstaining: India and Yugoslavia
Absent. U.S.S.R.
UN Security Council Resolution of August 13,1948
“The United Nations Commission for India and Pakistan;
Having given careful consideration to the points of view expressed by the Representatives of India and Pakistan regarding the situation in the State of Jammu and Kashmir and, Being of the opinion that the prompt cessation of hostilities and the correction of conditions, the continuance of which is likely to endanger international peace and security are essential to implementation of its endeavours to assist the Governments of India and Pakistan in effecting a final settlement of the situation,
Resolves to submit simultaneously to the Governments of India and Pakistan the following proposal:
Part I – Cease Fire Order
Part II – Truce Agreement
Part III
UN Security Council Resolution (S11196) of January 5,1949.
UN Security Council Resolution of March 14, 1950.
UN Security Council Resolution of November 10, 1951.
UN Security Council Resolution of December 23, 1952.
UN Security Council Resolution (S13779) of January 24, 1957.
UN Security Council Resolution (S3793) of February 21, 1957.
UN Security Council Resolution of December 2, 1957.
Part I – Cease Fire Order
A. The Governments of India and Pakistan agree that their respective High0 Commands will issue separately and simultaneously, a cease-fire order to apply to all forces under their control in the State of Jammu and Kashmir as of the earliest practicable date or dates to be mutually agreed upon within four days after these proposals have been accepted by both Governments.
B. The High Commands of the Indian and Pakistan Forces agree to refrain from taking any measures that might augment the military potential of the forces under their control in the State of Jammu and Kashmir. (For the purpose of these proposals, ‘forces under their’ control shall be considered to include all forces, organised and unorganised, fighting or participating in hostilities on their respective sides).
C. The Commander-in-Chief of the Forces of India and Pakistan shall promptly confer regarding any necessary local changes in present dispositions which may facilitate the cease-fire.
D. In its discretion and as the Commission may find practicable, the Commission will appoint military observers who under the authority of the Commission and with the cooperation of both Commands will supervise the observance of the cease-fire order.
E. The Government of India and the Government of Pakistan agree to appeal to their respective peoples to assist in creating and maintaining an atmosphere favourable to the promotion of farther negotiation.
Part II – Truce Agreement
Simultaneously with the acceptance of the proposal for the immediate cessation of hostilities as outlined in Part I, both Governments accept the following principles as a basis for the formulation of a truce agreement, the details of which shall he worked out in discussion between their Representatives and the Commission.
A1. As the presence of troops of Pakistan in the territory of the State of Jammu and Kashmir constitutes a material change in the situation since it was represented by the Government of Pakistan before the Security Council, the Government of Pakistan agrees to withdraw its troops from that State.
A2. The Government of Pakistan will use its best endeavour to secure the withdrawal from the State of Jammu and Kashmir of tribesmen and Pakistan nationals not normally resident therein who have entered the State for the purpose of fighting.
A3. Pending a final solution, the territory evacuated by the Pakistan troops will he administered by the local authorities under the surveillance of the Commission.
B1. When the Commission shall have notified the Government of India that the Tribesmen and Pakistan nationals referred to in Part II A 2 hereof have withdrawn, thereby terminating the situation which was represented by the Government of India to the Security Council as having occasioned the presence of Indian forces in the State of Jammu and Kashmir and further, that the Pakistan Forces are being withdrawn from the State of Jammu and Kashmir, the Government of India agrees to begin to withdraw the bulk of their forces from that State in stages to be agreed upon with the Commission.
B2. Pending the acceptance of the conditions for a final settlement of the situation in the State of Jammu and Kashmir, the Indian Government will maintain within the lines existing at the moment of the cease-fire those forces of its Army which in agreement with the Commission are considered necessary to assist local authorities in the observance of law and order. The Commission will have observers stationed where it deems necessary.
C1. Upon signature, the full text of the Truce Agreement or a communique containing the principles therof as agreed upon between the two Governments and the Commission, will he made public.
Part III
The Government of India and the Government of Pakistan reaffirm their wish that the future status of the State of Jammu and Kashmir shall be determined in accordance with the will of the people and to that end, upon acceptance of the Truce Agreement both Governments agree to enter into consultations with the Commission to determine fair and equitable conditions whereby such free expression will he assured.
UN Security Council Resolution (S11196) of January 5, 1949.
The United Nations Commission for India and Pakistan;
Having received from the Governments of India and Pakistan, in communications dated 23 December and 25 December 1948, respectively, their acceptance of the following principles which are supplementary to the Commission’s Resolution of 13 August 1948.
1. The question of the accession of the State of Jammu and Kashmir to India or Pakistan will be decided through the democratic method of a free and impartial plebiscite.
2. A plebiscite will he held when it shall be found by the Commission that the cease-fire and truce arrangements set forth in Part I and II of the Commission’s Resolution of 13 August 1948, have been carried out and arrangements for the plebiscite have been completed.
3(a). The Secretary-General of the United Nations will in agreement with the Commission, nominate a Plebiscite Administrator who shall be a personality of high international standing and commanding general confidence. He will he formally appointed to office by the Government of Jammu and Kashmir.
3(b). The Plebiscite Administrator shall derive from the State of Jammu and Kashmir the powers he considers necessary for organising the freedom and impartiality of the plebiscite.
3(c). The Plebiscite Administrator shall have authority to appoint such staff of assistants and observers as he may require
4(a). After implementation of Parts I and II of the Commission’s Resolution of 13 August 1948, and when the Commission is satisfied that peaceful conditions have been restored in the State, the Commission and the Plebiscite Administrator will determine in consultation with the Government of India the final disposal of Indian and State Armed Forces, such disposal to be with due regard to the security of the State and the freedom of the plebiscite
4(b). As regards the territory referred to in A 2 of Part II of the resolution of 13 August, final disposal of the armed forces in that territory will be determined by the Commission and the Plebiscite Administrator in consultation with the local authorities.
5. All civil and military authorities within the State and the principal political elements of the State will be required to cooperate with the Plebiscite Administrator in the preparation for and the holding of the plebiscite.
6(a). All citizens of the State who have left it on account of the disturbances will be invited and and be free to return and to exercise all their rights as such citizens. For the purpose of facilitating repatriation there shall be appointed two Commissions, one composed of nominees of India and the other of nominees of Pakistan. The Commission shall operate under the direction of the Plebiscite Administrator. The Governments of India and Pakistan and all authorities within the State of Jammu and Kashmir will collaborate with the Plebiscite Administrator in putting this provision into effect.
6(b). All persons (other than citizens of the State) who on or since 16 August 1947 have entered it for other than lawful purposes shall be required to leave the State.
7. All authorities within the State of Jammu and Kashmir will undertake to ensure, in collaboration with the Plebiscite Administrator, that,
(a) There is no threat, or intimidation, bribery or other undue influence on the voters in the plebiscite.
(b) No restrictions are placed on legitimate political activity throughout the State. All subjects of the State regardless of creed, caste or party shall be safe and free in expressing their views in voting on the question of the accession of the State to India and Pakistan. There shall be freedom of travel and exit.
(c) All political prisoners are released.
(d) Minorities in all parts of the State are accorded adequate protection, and
(e) There is no victimization.
8. The Plebiscite Administrator may refer to the United Nations Commission for India and Pakistan, problems on which he may require assistance and the Commission may in its discretion call upon the Plebiscite Adminstrator to carry out on its behalf any of the responsibilities with which it has been entrusted.
9. At the conclusion of the plebiscite, the Plebiscite Administrator shall report the result thereof to the Commission and to the Government of Jammu and Kashmir. The Commission shall then certify to the Security Council whether the plebiscite has or has not been free and impartial.
10. Upon signature of the truce agreement, the details of the foregoing proposals will be elaborated in the consultations envisaged in Part III of the Commission’s Resolution of 13 August 1948. The Plebiscite Administrator will he fully associated in these consultations.
Commends the Governments of India and Pakistan for their prompt action in ordering a cease-fire to take effect from one minute before midnight of 1 January 1949, pursuant to the agreement arrived at as provided for by the Commission’s Resolution of 13 August 1948, and
Resolves to return in the immediate future to the sub- continent to discharge the responsibilities imposed upon it by, the resolution of 13 August 1948 and by the foregoing principles.