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Jammu and Kashmir Jammu and Kashmir JAMMU AND KASHMIR JAMMU AND KASHMIR by JYOTI BHUSAN DAS GUPTA MARTINUS NIJHOFF I THE HAGUE I 1968 ISBN 978-94-011-8499-1 ISBN 978-94-011-9231-6 (eBook) DOl 10.1007/978-94-011-9231-6 @ 1968 by Martinus NijhojJ. The Hague, Netherlands All rights reserved, including the right to translate or to reproduce this book or parts thereof in any form To Namita ACKNOWLEDGEMENT The help extended to me by my colleagues in the University has been con­ siderable. The whole manuscript has been literally thrust upon three of them, and Mr. Brian Fewster, Mr. RamaprasadDe, and Mr. DebabrataMuk­ hopadhyaya have withstood the ordeal with commendable fortitude. They have spared their valuable time for it and it is my pleasant duty to ac­ knowledge it with thanks. Mr. Jagannath Chakravorty, Mr. Supreo Bonnerjee and Mr. Subir Das Gupta have given me constant encouragement at every stage of preparation of the study; I am greatly indebted to all of them. I shall be very surprised if I have not taxed the patience of Messrs. Souren­ dra Nath Banerjee, Panchanan Basu, Biswanath Mukherjee, Kumud Ran­ jan Bhattacharjee and Dibakar Karmakar who have kindly typed out the whole manuscript with speed and skill. Their efforts have been com­ mendable, the more so because the written words at times appeared illegible even to me. Mr. Bannerjee, in particular, has been extremely helpful. To the various libraries in India lowe a special debt of gratitude. In par­ ticular, I would like to place on record my appreciation of the services of the library of the Indian School of International Studies at New Delhi, the Ramkrishna Mission Library, the National Library, and my University library at Jadavpur in Calcutta. My wife has cheerfully put up with all the inconvenience she had to undergo while I was busy writing the book and has also helped me consider­ ably in comparing the typed materials with the original manuscript. But for her co-operation the book in its present form could not possibly have seen the light. I would like the readers to know that all the italics in the book have been supplied by me, and would also request them to offer criticism for future editions. January 1968 Cambridge, U.S.A. PREFACE This study is primarily meant for readers outside India, and that explains the lengthy background which it provides. Although literature on the issue is growing daily, each work is written from a certain angle, and that is quite understandable. Every mind has a particular drawing bias; the information supplied is therefore necessarily coloured by tpe views a writer holds. There are to the author's mind two ways of approaching a subject: One would attempt to fit the facts into the value system of the writer, the other would try to draw values from the mass of materials under study. In either case there is no escaping the subjective evaluation of the narrator; and the present writer does not claim any immunity from the process. Kashmir's present history has two aspects. One of them is international, and here the ups and downs in the fortunes of the two States are to be seen against the complexity of power relations in the multinational world body. The other is the internal dynamics, which have their own compelling logic. An attempt has been made in this study to correlate the two into some sort of unity, but it is not for the writer to evaluate its success. An opinion is widely held abroad that the problem of Kashmir is re­ ligious. Nothing can be farther from the truth, although the present writer is not one who would like to underrate the subterranean influence religion exerts on the politics of the sub-continent. The nearest approach to the problem would be to make an ideological equation, but it is now a fully explored ground. This work has left it out. The author ends with a note of caution. Kashmir's accession to India took place under circumstances over which the Government of India had no control. Much water has flowed down the Jhelum river since then, and it is proper to assess the consequences that might befall the nation if the question of accession were re-opened. What is at stake is the very life of the millions of people in the sub-continent. They have a right to life as much as anybody anywhere. Kashmir's status as an integral part of India should not, therefore, be questioned. x PREFACE Yet the two nations, India and Pakistan - two nations but one people - must live peaceably, and should develop friendly, co-operative ties. How this happy consummation can be brought about should be the concern of their well-wishers everywhere. The author's own ideas are embodied in the epilogue of this study - there are many others. Calcutta April 1967. CONTENTS ACKNOWLEDGEMENT vn PREFACE IX CHAPTER ONE: THE INDIAN STATES IN INDIA CHAPTER TWO: THE STATE OF JAMMU AND KASHMIR 12 Section I. The Land and the People 12 Section II. History 17 Section III. British Interest in Kashmir 23 Section IV. The Economy 28 CHAPTER THREE: THE DEMOCRATIC STRUGGLE 34 Section I. In India 34 Section II. In Kashmir 52 Section III. India, Pakistan and the Indian States 72 CHAPTER FOUR: KASHMIR ACCEDES TO INDIA 82 Section I. The Maharaja's Dilemma 82 Section II. The Invasion of the Tribesmen and Accession to India 94 CHAPTER FIVE: IN THE UNITED NATIONS 116 Section I. The International Posture of India and Pakistan in 1948 116 Section II. The United Nations Mediation 121 The Indian Case 121 The Pakistani Case 123 Indian Manner of Presentation 125 The Pakistani Presentation 127 (1) Cessation of Hostilities 129 (2) Withdrawal of Armed Forces 129 (3) Interim Government in Kashmir 129 Resolution of 17 and 20 January 1948 130 Resolution of 21 April 1948 132 (1) Restoration of Peace and Order 133 (2) Plebiscite 133 (3) General Provisions 134 Section III. The Role of the United Nations Commission 1948-1949 136 The Commission's First Resolution-13 August 1948 141 The Commission's Efforts - Resolution of 5 January 1949 143 The Indian Stand (General) 145 The Pakistan Stand (General) 146 xn CONTENTS The Azad KDshmir Forces 147 Withdrawal of Forces 148 The Northern Areas of Kashmir 149 Section IV. The McNaughton Proposals and Dixon's Mediation 152 The McNaughton Proposal 153 The Resolution of 14 March 1950 154 Dixon Report 1950 156 ~UUUation 157 Administration of the 'Azad KDshmir' Area 158 Administration of Indian Kashmir 159 Sectional Plebiscite, Partition and Partial Plebiscite 160 CHAPTER SIX: THE CONTINUED DEADLOCK 164 Section I. The Commonwealth Mediation 164 Section II. Dr. Graham's Mediation, 1951-1953 167 The 30 March 1951 Resolution 167 The First Graham Report (15 October 1951) 171 The Second Graham Report (18 December 1951) 173 The Third Graham Report (22 April 1952) 176 The Fourth Graham Report (19 September 1952) 177 The Fifth Graham Report (27 March 1953) 178 The Indian Position on the Quantum of Forces after DemiliUUUation 179 On the Induction of the Plebiscite Administrator 179 Pakistan's Position on the Quantum of Forces after Demilitarization 179 On the Induction of the Plebiscite Administrator 180 Section III. Direct Negotiations 180 CHAPTER SEVEN: THE INTERNAL DYNAMICS OF KASHMIR 184 Section I. Constitutional Developments 184 Section II. Economic Developments in Kashmir 188 Section m. Political Constellations 190 The Praja Parishad Movement 194 The Delhi Agreement, 24 July 1952 198 (1) Residuary Powers 198 (2) Citizenship 198 (3) Fundamental Rights 198 (4) Supreme Court 199 (5) National Flag 199 (6) Headship of the State 199 (7) Financial Integration 199 (8) Emergency Powers 200 Sheikh Abdullah's Exit 207 Section IV. The Aligned and the Non-Aligned in Kashmir 213 Section V. Kashmir and her Constitution 225 Section VI. Azad KDshmir 231 CHAPTER EIGHT: THE KASHMIR IMBROGLIO 249 Section I. The Security Council, 1957-1958 249 Report of Mr. Jarring 254 The Council's Consideration of the Jarring Report 255 Dr. Graham's Proposals of 1958 258 Section II. The Home Front 262 Section m. The International Perspective 271 CONTENTS XllI CHAPTER NINE: THE CHINESE INTERVENTION 286 Section I. The Security Council, 1962 286 Section n. Cold War in Kashmir 293 The Rawalpindi Talks (27-29 December 1962) 302 The New Delhi Talks (16--19 January 1963) 302 The Karachi Talks (8-10 February 1963) 303 The Calcutta Talks (12-14 March 1963) 303 The Karachi Talks (22-25 April 1963) 304 The New Delhi Talks (15-16 May 1963) 304 Section m. Tumult in Kashmir 306 Section IV. The Security Council, 1964 312 CHAPTER TEN: THE ARBITRAMENT OF THE SWORD 320 Section I. Sadiq, Abdullah and Bakshi 320 Section II. The Arbitrament of the Sword 336 Uneasy cease-fire 342 War comes to Kashmir 344 The Lahore Front 349 The Sialkot Front 349 The Rajasthan Front 350 Section m. The Security Council, 1965 352 Resolution of the Security Council, 4 September 1965 355 Resolution of the Security Council, 6 September 1965 355 Resolution of the Security Council of 20 September 1965 362 Resolution of the Security Council of 5 November 1965 367 The Tashkent Declaration, 10 January 1966 370 Section IV. 1966 and After 371 Ministerial Talks in Rawalpindi (1-2 March 1966) 374 Epilogue 384 Treaty of Amritsar, 1846 387 Treaty between the British Government and Maharaja Gulab Singh con- cluded at Amritsar, on 16th March 1846 387 Supplement to Treaty of Lahore, 1846 388 Articles 5, 6, and 7 of supplementary Articles of March 11, 1846, to the first Treaty of Lahore (9 March 1846), referred to in Article 8 of the Treaty of Amritsar 388 Text of the "agreement" signed by China and Pakistan in Peking on March 2, 1963 389 Resolution of the Security Council of January 17, 1948 392 Resolution of the Security Council of January 20, 1948 393 Resolution of the Security Council of April 21, 1948 395 A.
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