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 India in support of that
complaint and the
reply and counter complaints of the representative of Pakistan. Being strongly of 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 cessation of all fighting. Noting with satisfaction
that both India
and Pakistan desire that the question of 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 its resolution 38 (1948) of 17 January 1948;
Resolves that the membership of the Commission established by its resolution 39 (1948) 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 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 this end.
Recommends to the Governments of India and Pakistan the following measures as those which
in the
opinion of the Council and appropriate to bring about a cessation of the lighting and to
create proper
conditions for a free and impartial plebiscite 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, regardless of creed, caste,
or
party, to express their views and to vote on the question of the accession 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 39 (1948) 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 the 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; When the Indian forces shall 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 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 paragraph 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 utilised for the
re-establishment and
maintenance of law and order with due regard to protection )t minorities, subject to such
additional
requirements as may be specified by the Plebiscite Administration referred to in paragraph
7.
5. If these local forces should be found to be inadequate, the Commission, subject to the
agreement
of both the Government of India and the Government of Pakistan, should arrange for the use
of such
forces of either Dominion as it deems t(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 ()n the question of the
accession of
the State to India or Pakistan.
8. The Government of India should undertake that there will be 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 be appointed to be the Plebiscite Administrator. The Plebiscite
Administrator, acting as
an officer of the State of Jammu and Kashmir, should have authority to nominate the
assistants and
other subordinates and to draft regulations governing the Plebiscite. Such nominees should
be
formally appointed and such draft regulations should be formally promulgated by the State
of Jammu
and Kashmir.
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 and the conduct of a free and impartial plebiscite. 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.
The Administrator should have the right to communicate directly, 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 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 be 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 endeavour to effect the withdrawal from the State of all Indian nationals
other than
those who are normally resident therein or who on or since 15th August 1947 have entered
it for a
lawful purpose.
14. The Government of India should ensure that the Government of the State releases 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 victimisation; 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 Governments of India and Pakistan should each be invited to nominate a
representative to
be 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
of any
of the proceedings in pursuance of the measures indicated in the foregoing paragraphs.
18. The Security Council Commission should carry out the tasks assigned to it herein.
The Security Council voted on this Resolution on 21-41948 with the following result:
In favour: Argentina, Belgium, Canada, China, France, Syria, U.K. and U.S.A.
Against: None
Abstaining: Belgium, Colombia, Ukrainian S.S.R. and U.S.S.R.