Resolution on Assurances adopted by U.N.

23 Feb 2016 15:48:05

Resolution on Assurances adopted by U.N.

Resolution on Assurances adopted by U.N. Commission for India and Pakistan(UNCIP) 1948

The Government of India accepted the resolution on 20 August 1948 but Pakistan rejected it. While accepting the resolution of 13 August 2948, the Government of India sought certain clarifications and assurances from commission which the Commission un hesitatingly gave. These clarifications and assurances are of paramount importance, as the resolution of 13 August 1948 is contingent upon these clarifications and assurances sought for by it and given by the Commission. The Moment the resolution is separated from these clarifications and assurances, it loses  its force and legal validity . The following are the assurances sought by India and given by the Commission:-

  1. Responsibility for the security of J&K rests with Government of India.
  2. The sovereignty of the J&K Government over the entire territory of the State shall not be brought under question.
  3. There shall be no recognition of the so-called Azad (Free) Kashmir Government.
  4. The territory occupied by Pakistan shall not be consolidated to the disadvantage of the State of J&K.
  5. Responsibility for the security of the State of Jammu and Kashmir solely rests with the Government of India.
  6. The administration of the evacuated areas in the North shall revert to the Government of J&K and its defence to the Government of India, who will, if necessary, maintain garrison for preventing the incursion oftribesmen and for guarding main trade routes.
  7. Pakistan shall be excluded from all affairs of J&K in particular in the plebiscite, of one should be held.
  8. If a plebiscite is found to be impossible for technical or practical reasons, the Commission will consider other methods of determining fair and equitable conditions for ensuring a free expression of people’s will.
  9. Plebescite proposal shall not be binding upon India if Pakistan does not implement Part I and II of the resolution of 13th August, 1948. (The resolution had called upon Pakistan to withdraw troops from occupied Kashmir).

Note: The UNCIP could not make Pakistan accept these assurances with the result that the very basis of U.N. resolution of 13th August, 1948 collapse

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