Resolution adopted at the meeting of the United Nations Commission for India and Pakistan on 5 January, 1949.
(Document No. 5/1196 para. 15, dated the 10th January, 1949).


THE UNITED NATIONS COMMISSION FOR INDIA AND PAKISTAN
Having received from the Governments of India and Pakistan in Communications, dated December
23 and December 25, 1948, respectively their acceptance of the following principles which are
supplementary to the Commission's Resolution of August 13, 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 be held when it shall be found by the Commission that the cease-fire and truce
arrangements set forth in Parts 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 be formally appointed to office by the
Government of Jammu and Kashmir.

(b) The Plebiscite Administrator shall derive from the State of Jammu and Kashmir the
powers he considers necessary for organising and conducting the plebiscite and for ensuring
the freedom and impartiality of the plebiscite.

(c) The Plebiscite Administrator shall have authority to appoint such staff or 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.

(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 co-operate 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
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 Commissions 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 to effect.

(b) All persons (other than citizens of the State) who on or since 15 August 1947, have
entered it for other than lawful purpose, 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, coercion or intimidation, bribery or other undue influence on the voters
in 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 and in voting on the question of the accession of the State to India or Pakistan. There
shall be freedom of the Press, speech and assembly and freedom of travel in the State,
including freedom of lawful entry 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 victimisation.

8. The Plebiscite Administrator may refer to the United Nations Commission for India and Pakistan
problems on which he may require assistance, and !he Commission may in its discretion call upon
the Plebiscite Administrator 1o 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 the signature of the truce agreement the details of the foregoing proposals will be
elaborated in the consultation envisaged in Part III of the Commission's resolution of 13 August
1948. The Plebiscite Administrator will be 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 first 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.

The UNCIP unanimously adopted this Resolution on 5-1-1949. Members of the
Commission: Argentina, Belgium, Colombia, Czechoslovakia and U.S.A.


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