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  • After India scrapped Article 370 & 35A, the Pakistan Foreign Ministry said,
  • “No unilateral step by the Government of India can change the disputed status, as enshrined in the United Nations Security Council (UNSC) resolutions.”

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 EVENTS BEFORE RESOLUTION 47

  • On 1 January 1948, India took the matter to the UNSC under Article 35 of the UN Charter.
  • Claimed that Pakistani nationals and tribesmen had attacked J&K.
  • Requested the Security Council to prevent Pakistan from continuing its actions.
  •  India also stated that, despite holding the state’s legal accession, it was prepared to conduct a plebiscite to confirm the people’s wishes and abide by its results.

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  • In response, Pakistan denied involvement in the conflict and made counter-accusations claiming that India had acquired the state’s accession by “fraud and violence” and that it was conducting a “genocide” against Muslims.

RESOLUTION 47

  • Adopted on 21 April 1948, was one of he 1st conflict that the UN set upon to resolve after it creation.

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PART 1

  • The Council increased the size of the Commission established by UNSC Resolution 39 to 5 members (with representatives of Argentina, Belgium, Colombia, Czechoslovakia and the United States)
  • Instructed the Commission to go to the subcontinent and help the governments of India and Pakistan restore peace and order to the region and prepare for a plebiscite to decide the fate of Kashmir.

PART 2

  • In the 1st step, Pakistan was asked to use its “best endeavours” to secure the withdrawal of all tribesmen and Pakistani nationals, putting an end to the fighting in the state.
  • In the 2nd step, India was asked to “progressively reduce” its forces to the minimum level required for keeping law and order.
  • It laid down principles that India should follow in administering law and order in consultation with the Commission, using local personnel as far as possible.
  • In the 3rd step, India was asked to ensure that all the major political parties were invited to participate in the state government at the ministerial level, essentially forming a coalition cabinet.
  • India should then appoint a Plebiscite Administrator nominated by the United Nations, who would have a range of powers including powers to deal with the two countries and ensure a free and impartial plebiscite.
  • The resolution was approved by nine votes against none.
  • The Soviet Union and Ukraine abstained.

AFTER RESOLUTION 47

  • Both India and Pakistan raised objections to the Resolution 47.
  • Pakistan objected to the retention of the Indian forces in Kashmir, even at the minimum level allowed by the resolution.
  • India objected first of all that the resolution placed India and Pakistan on an equal footing, ignoring the complaint of Pakistani aggression and Kashmir’s legal accession to India.
  • Secondly, it objected to the absence of allowance for it to retain troops in the state for its defence.

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  • The Simla Agreement, or Shimla Agreement, was signed between India and Pakistan on 2 July 1972.
  • Both countries will “settle their differences by peaceful means through bilateral negotiations”.

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