UN Security Council Resolutions on Jammu & Kashmir

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The UN Security Council Resolutions 47 of 21 April 1948, 51 of 3 June 1948, 80 of 14 March 1950, 91 of 30 March 1951, 122 of 24 January 1957 and Resolutions of UN Commission for India and Pakistan of 13 August 1948 and of 5 January 1949 embody the principle that the final disposition of the State of Jammu and Kashmir would be made in accordance with the will of the people, to join India or Pakistan, expressed through the democratic method of a free and impartial plebiscite conducted under the auspices of the United Nations.

2.         The UN Security Council Resolution 47 of April 21, 1948 is the landmark and most important of these resolutions. All the subsequent resolutions mainly reiterated the principle, laid down in this resolution, of a free and impartial plebiscite to decide whether the State of Jammu & Kashmir should join India or Pakistan. It also establishes the detailed procedure for conducting the plebiscite under the UN auspices. It further sets out the manner of behavior, number and location of Indian forces in Jammu and Kashmir (IOK). Its Para 2 (c) states that:

“When the Indian forces have been reduced to the minimum strength mentioned in (a) above, arrange in consultation with the Commission for the stationing of the remaining forces to be 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 be retained in forward areas;

                           iii.            That any reserve of troops which may be included in the total strength should be located within their present base area.”

3.         The presence of 700,000 Indian armed forces in IOK, equipped with special powers, is an outrageous violation of Resolution 47.

4.         Resolutions 91 of 30 March 1951 and 122 of 24 January 1957 declare that elections or any other method would not constitute a disposition of the State and reaffirmed that the final disposition of the State could only be determined through a free and fair plebiscite. Therefore, elections in IoK do not alter the internationally recognized disputed status of the State of Jammu & Kashmir.