85India and Pakistan laid claims to Kashmir, located on their demarcation
line as outlined by the Radcliffe Boundary Commission. As a Muslim-
majority state, its inclusion with Pakistan was essential for the Muslim
League, which fought for a Muslim ‘homeland’ in the subcontinent.
Likewise, the Congress Party’s aspirations for an inclusive India would be
strengthened by the inclusion of the Muslim-majority state into India.
Both the countries, thus, viewed the inclusion of Kashmir as the raison
d’être of their legitimacy and even existence.
In the wake of the cross-border infiltration backed by the Pakistani
army, on 26 October 1947 Raja Hari Singh signed the Instrument of
Accession and thereby joined Kashmir with the Indian union. This move
was supported by the National Conference, the dominant political force at
that time, headed by Sheikh Mohammed Abdullah (Lamb 1966 ; Rai
2004 ). Not happy with the turn of events, the regular Pakistani army
crossed the borders of the State of Kashmir towards a forcible annexation
with Pakistan. This resulted in New Delhi sending its troops to defend
Kashmir, which now had become a part of the Indian union.
As the fighting was progressing, on 31 December 1947, the prime min-
ister referred the Kashmir issue to the UN Security Council with a request
to restrain Pakistan from aiding and supporting its nationals and tribesmen
from its Northwest Frontier region who had invaded Jammu and Kashmir,
which India called an “act of aggression.” Responding to this, on 21 April
1948 the UNSC adopted Resolution 47 which proposed a three- stage
solution: withdrawal of “tribesmen and Pakistani nationals” from Jammu
and Kashmir; upon the completion of the first stage, India would with-
draw its own forces from the state “progressively to the minimum strength
required for the support of the civil power in the maintenance of law and
order.” Once these conditions are fulfilled and the situation became con-
ducive, the UNSC demanded that India “should undertake that there will
be established in Jammu and Kashmir a Plebiscite Administration to hold
a plebiscite as soon as possible on the question of the accession of the State
to India or Pakistan” (UNSC 1948 ). In subsequent years, the UNSC did
not adopt any resolutions on this matter, primarily because of the Soviet
veto in favour of India (Bakshi 1998 ) but the subject remained on the UN
agenda since then.
The ceasefire came into force on 1 January 1949 and position held by
both the armies in Kashmir came to be known as Line of Control (LoC).
This brought about a de facto partition of the State of Kashmir and various
bilateral efforts towards reaching an amicable settlement have been futile.
PAKISTAN FACTOR