After much resistance and malevolence, Maharaja Hari Singh signed the Instrument of Accession. The Instrument was similar to that was signed by all the other 562 princely states. But, while accepting the one of Jammu-Kashmir, by the then Governor General Lord Mountbatten, the language in the letter differed. The letter was marked with an additional point, absent from acceptance letters, of other states.

It had mentioned of ‘in case of controversy regarding accession of a state, the decision should be left with people. The Plebiscite by the citizens is one of the major issues, that has remained unsolved.

The ruler of Jammu-Kashmir was fully competent to sign the Instrument of Accession to Bharat. The provision for Plebiscite was never an option, either in Maharaja’s document of Accession Instrument or in Indian Independence Act 1947.

Accession was executed exactly in a similar manner that was enforced for other princely states. It was the state citizens that formed a group as Militia and were trained by the Bharatiya army, who along with the Maharaja’s army, fought against the Pakistani attackers.

Accession of Bharat was unanimously endorsed by the largest political outfit of the state – the National Conference. In fact, while addressing the Security Council on 5th February 1948, Shaikh Abdullah stated that the accession to Bharat was unquestionable and complete. Sections 5 and 147 reiterated this position that integration of the State is legally and politically complete.

Later, when the Constitution of J&K was drafted in 1956 and it was implemented in 1957, Section 3 of the Constitution of J&K declared that the State of J&K is and will be an integral part of the Union of Bharat.

This implies that the status of Article 370 and its ancillary, were “temporary” in nature, and thus the need for a plebiscite was non-relevant, in a natural sense.

But, as Lord Mountbatten highly influenced Pandit Nehru, he was trapped in his strategy of dismantling the smooth integration of the state in the Bharatiya Dominion. On January 1st, 1948, the Government of Bharat, formally introduced the Kashmir issue in the UN under Article 35 of the UN Charter, which permits any member state to bring any situation that is likely to endanger international peace and security, to its attention.

Bharat complained that Pakistan was invading Kashmir and asked the UNSC to take measures to prevent it.

The UN passed a resolution and formed the United Nations Commission for India (Bharat) and Pakistan. (UNCIP) to investigate and mediate between the two countries. An additional resolution was passed in April 1948, which increased the size of the commission established through the earlier resolution.

The resolution recommended three steps procedure to end the dispute.

A) Government of Bharat was asked to reduce its forces from Jammu-Kashmir.

B) Pakistani nationals and tribesmen were asked to withdraw and vacate from the state of Jammu-Kashmir.

C) Government of Bharat was also asked to appoint a Plebiscite administration to conduct a plebiscite in Jammu-Kashmir.

Though both sides accepted the recommendations initially. But Pakistan alleged to make the first move of evacuating of their nationals, refrained from executing it, and never fulfilled the promise it made.

(Kashmir: The True Story, A position paper published by MEA in 2004)

Security Council President AGL McNaughton initiated to mediate in December 1949 and suggested the demilitarization of Kashmir as a forerunner for the implementation of an impartial Plebiscite.

With Pakistan’s non-supportive approach to resolving the dispute and taking the initiative forward, the UNCIP implementation remained non-effective. The United Nations Commission was able to achieve a ceasefire in 1949 but it declared its failure regarding the Kashmir issue, in the same year.

The Karachi Agreement of 1949 was signed between the Military representatives of India and Pakistan regarding the establishment of the Line of Control in the state of Jammu-Kashmir.

Accepting this demarcation drawn by Sir Radcliffe, the newly formed Government of Bharat, moved on but the Government of Pakistan had a dream of acquiring the princely state of Jammu-Kashmir. Hence, it led the attack, in disguise and took charge of a huge area, which was very much a part of the princely state, 

It was one of the most unfortunate occurrences of Independent Bharat. Additionally, the Government’s decision to call for a ceasefire and not acquire back the region attacked and taken away, In 1951, the mandate of UNCIP was terminated, hence the United Nations Military Observer Group in India & Pakistan (UNMOGIP) was established to monitor the ceasefire line (Line of Control) in Kashmir.

The Simla agreement of 1972, signed between the respective Prime Ministers of Bharat and Pakistan, maintained that the Kashmir issue was a bilateral one and would be solved through bilateral negotiations. The intervention of any third party, including the United Nations, was uncalled for.

Similarly, the autonomy in Jammu-Kashmir, post the death of Dr. Mukharjee followed by Shaikh Abdullah’s arrest, began dwindling, by 1953. Under the Bakshi Ghulam Mohammad’s rule, the prevailing atmosphere within the National Conference was that of infinite accession with Bharat.

Thus, After 1953, a presidential order, stating that any matter related to national interest or enemy aggression can be implemented through a presidential ordinance, which doesn’t need ratification by the state assembly. After the presidential order, the jurisdiction of the Supreme Court of Bharat and the Election Commission was extended, diminishing the state’s powers. In 1965, the design of administrative status was altered and the post of Prime Minister was changed to that of Chief Minister.

The disturbance within National Conference had ascended and post-Shaikh Abdullah’s imprisonment, Bakshi Ghulam Mohammad came to power. He justified the arrest of Shaikh and addressed him as a  ‘traitor’. 

He stated, ” The interest of the nation was facing a breach of trust. The slogan of “freedom” was dangerous. Under the Colonial support strength, independent Kashmir would  become a serious threat for the people of Bharat and Kashmir.”

Bakshi Ghulam Mohammad took stern steps in order to maintain law and order but he left many a loose end while tackling leaders like Mirza Afzal Baig and his supporters. Baig, a staunch supporter of Shaikh Abdullah, was guided by him from the prison. Following his advice and with his blessings, Mirza Afzal Baig launched Plebiscite Front (जनमत संग्रह मोर्चा) on the 9th of August 1955. Bakshi Ghulam Mohammad extended permission to spread this political ideologue. Its prime motive was to interact regarding Muslim welfare but the irony was, that its leaders declined from speaking out a single word regarding the difficulties faced by the Hindu minority Kashmiri.

In the month of May 1953, the eight-member committee was constituted to arrive at a solution for a settlement. Its members were Shaikh Abdullah, G M Sadique, Moulana Moharnad Saeed Masoodi, Bakshi Ghulam Mohammad, Pt. Girdharilal Dogra, Pt. Shyamlal Saraf, Mirza Mohammad Afzal Baig and Sardar Budh Singh.

Over all plebiscite, was the major issue that was discussed, and various viewpoints were put forward by the committee members in the final session held on June 9th, 1953.

A) Maulana Masoodi suggested that the choice of independence, be offered in the plebiscite.

B) Independence of the whole state

C) Independence of the whole state with joint control of foreign affairs.

D) G M Sadiq suggested that the plebiscite be conducted through the forum, consisting of Bharat, Pakistan, China, Afghanistan, and Soviet Russia to administer the plebiscite. He was attached to the Communist ideology and the Communist Party of India (CPI) and thus, wished for Soviet Russia’s engagement in the proceedings.

E) Dixon plan with independence for the plebiscite:

Sir Own Dixon, a judge of the Australian High Court, came to the sub-continent as the United Nations Representative for Bharat and Pakistan, pursuant to the Security Council’s Resolution of March 4th, 1950. 

He submitted his report to the UN Security Council on September 15, 1950. ‘The Dixon plan’ assigned Ladakh to Bharat, the Northern areas, and the Pakistan Occupied Kashmir (POK) to Pakistan, split Jammu between the two, and foresee Plebiscite in the Kashmir Valley.

All the efforts and innumerable attempts of holding a referendum in the state, failed as they were not based on equivocal conditions.

On the other hand, imprisoned Shaikh Abdullah was getting restless, as he was losing hold of his political party – the National Conference. Later, in 1955, Shaikh initiated the formation of a new party – Raishumari Mahaj, and his close ally Mirza Mohammad Afzal Baig, was appointed its president.

Shaikh was imprisoned for five years but his being behind the bar did not really elate his dear friend, Pandit Nehru and hence he was evicted in 1958.

Shaikh Abdullah, as soon as he was out of prison, began blazing the flame of sectarianism. His address from Hazrat Bal, as soon as he was set free, was filled with an air of separatism and anti – Bharat. It exploded into a riot, killing one person and injuring many. Numerous ones were arrested in the rioting. Out of them, three were members of parliament and one of them had been deputy minister!!!

Bakshi Ghulam Mohammad strategized to give Shaikh Abdullah, ample chances to do wrongdoings and commit sin but instructed the Intelligence department of the Government to follow him on all his meetings, public meetings, and processions, shouting slogans, in favour of Shaikh while recording his movements and speeches in the hidden tape-recorder.  In four months, they had collected sufficient evidence of his close affinity with Pakistan. Thus, Bakshi Ghulam Mohammad once again arrested him and presented the proof of his liaison with Pakistan, to Pandit Nehru. Glancing over the corroboration of the conspiracy, appalled him and he granted the permission to file a case against Shaikh Abdullah.

Along with him, Mirza Afzal Baig and twenty-two conspirators were convicted in the ‘Kashmir Conspiracy Case.’

Sources of Information :

हमारी भूलोका स्मारक : धर्मांतरित कश्मीर

नरेन्द्र सहगल

कश्मीर : दहकते अंगारे

जगमोहन जी

जम्मू कश्मीर की अनकही कहानियां

कुलदीप चंद अग्निहोत्री

Kashmir : Behind The Vale

M J Akbar

My Frozen Turbulence in Kashmir 

Jagmohan ji