JAMMU AND KASHMIR JYOTI BHUSAN DAS GUPTA MARTINUS NIJHOFF I THE HAGUE I 1968

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1 JAMMU AND KASHMIR

2 JAMMU AND KASHMIR by JYOTI BHUSAN DAS GUPTA MARTINUS NIJHOFF I THE HAGUE I 1968

4 To Namita

5 ACKNOWLEDGEMENT The help extended to me by my colleagues in the University has been considerable. The whole manuscript has been literally thrust upon three of them, and Mr. Brian Fewster, Mr. RamaprasadDe, and Mr. DebabrataMukhopadhyaya have withstood the ordeal with commendable fortitude. They have spared their valuable time for it and it is my pleasant duty to acknowledge 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. Sourendra Nath Banerjee, Panchanan Basu, Biswanath Mukherjee, Kumud Ranjan Bhattacharjee and Dibakar Karmakar who have kindly typed out the whole manuscript with speed and skill. Their efforts have been commendable, 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 particular, 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 considerably 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.

6 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 religious. 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.

7 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.

8 CONTENTS ACKNOWLEDGEMENT PREFACE CHAPTER ONE: THE INDIAN STATES IN INDIA CHAPTER TWO: THE STATE OF JAMMU AND KASHMIR Section I. The Land and the People Section II. History Section III. British Interest in Kashmir Section IV. The Economy CHAPTER THREE: THE DEMOCRATIC STRUGGLE Section I. In India Section II. In Kashmir Section III. India, Pakistan and the Indian States CHAPTER FOUR: KASHMIR ACCEDES TO INDIA Section I. The Maharaja's Dilemma Section II. The Invasion of the Tribesmen and Accession to India CHAPTER FIVE: IN THE UNITED NATIONS Section I. The International Posture of India and Pakistan in 1948 Section II. The United Nations Mediation The Indian Case The Pakistani Case Indian Manner of Presentation The Pakistani Presentation (1) Cessation of Hostilities (2) Withdrawal of Armed Forces (3) Interim Government in Kashmir Resolution of 17 and 20 January 1948 Resolution of 21 April 1948 (1) Restoration of Peace and Order (2) Plebiscite (3) General Provisions Section III. The Role of the United Nations Commission The Commission's First Resolution-13 August 1948 The Commission's Efforts - Resolution of 5 January 1949 The Indian Stand (General) The Pakistan Stand (General) vn IX

9 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 Dixon Report ~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, 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 (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, Report of Mr. Jarring 254 The Council's Consideration of the Jarring Report 255 Dr. Graham's Proposals of Section II. The Home Front 262 Section m. The International Perspective 271

10 CONTENTS XllI CHAPTER NINE: THE CHINESE INTERVENTION 286 Section I. The Security Council, Section n. Cold War in Kashmir 293 The Rawalpindi Talks (27-29 December 1962) 302 The New Delhi Talks ( 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, 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, Resolution of the Security Council, 4 September Resolution of the Security Council, 6 September Resolution of the Security Council of 20 September Resolution of the Security Council of 5 November The Tashkent Declaration, 10 January Section IV and After 371 Ministerial Talks in Rawalpindi (1-2 March 1966) 374 Epilogue 384 Treaty of Amritsar, Treaty between the British Government and Maharaja Gulab Singh concluded at Amritsar, on 16th March Supplement to Treaty of Lahore, 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, Resolution of the Security Council of January 17, Resolution of the Security Council of January 20, Resolution of the Security Council of April 21, A. Restoration of Peace and Order 396 B. Plebiscite 397 C. General Provisions 398 Resolution of the Commission of August 13, Part I. Cease-Fire Order 399 Part n. Truce Agreement 400 Part m 401 Resolution of the Commission of January 5, Resolution of the Security Council of March 14, Resolution of the Security Council of March 30,

11 XIV CONTENTS Resolution of the Security Council of January 24, 1957 Resolution of the Security Council of February 21, 1957 Resolution of the Security Council of December 2, 1957 Resolution of the Security Council of September 4, 1965 Resolution of the Security Council of September 6, 1965 Resolution of the Security Council of September 20, 1965 Resolution of the Security Council of November 5, 1965 Selected Bibliography Index

12 II MARTINUS NlJHOFF - PUBLISHER - THE HAGUE Recently published: JAMMU AND KASHMIR by JYOTI BHUSAN DAS GUPTA One of the major subjects of contemporary interest on the international scene has been the accession of Kashmir to India. This study deals in depth with the development of that issue and examines its course from multiple perspectives. Beginning with an analysis of the evolution of the Indian States and of the political relationship maintained with them by the British Government in India, this study explains the doctrine of Paramountcy as developed and applied by the British in India. It then proceeds to explain the considerations underlying the stand of the Indian National Congress that the Indian States must accede to either India or Pakistan. It discusses the socio-economic conditions of the State of Jammu and Kashmir and presents an analysis of the growth of the polity from the very ancient Hindu and Buddhist rule to its ultimate conversion to Islam in the fourteenth century. The reader is then introduced to the story of India's march to freedom: the interaction of the rival political Parties - the Congress and the Muslim League - and its impact on Kashmir are brought out as an integrated narrative. The history of Kashmir's accession to India unfolds gradually, and the reader is acquainted with developments that led ultimately to the State's integration with India. The role of the U.N. is analyzed fully, and the obstacles to agreement are noted carefully.

13 MARTINUS NIjHOFF - PUBLISHER - THE HAGUE Since Indo-Pakistan debate on Kashmir affects occasionally the internal dynamics of the State, Kashmir's domestic politics receives full treatment in the work. Among the other factors discussed as they bear on the Jammu and Kashmir issue are the Communist movement in South Asia, the Chinese threat into the region, the growing Soviet friendship for India, and the West's indifference to India's aims and objectives. These have given rise to dramatic political alignments in South Asia to which the study gives wide coverage. The Sino-Pakistan co-operation has been traced to its origin, and its development has been reviewed. The tension between India and Pakistan erupted into open hostilities in 1965: the book makes a detailed assessment of the issues involved. A critical evaluation of the Tashkent Declaration of 1 0 January 1966 is one of its special features as well as an appraisal ofn ehru's attitude toward Communist China on its birth in It takes into account the mounting Sino-Soviet rift, Soviet concern at Pakistan's friendly ties with Communist China, and Russia's subsequent detente with Pakistan. The work ends with developments in March About the author: The author was born in Calcutta in 1926 : his original home was at Panditsar in the district offaridpur in East Bengal, now named East Pakistan. He received an M.A. degree in Political Science from Calcutta University in 1954, an M.A. degree in Social Sciences from the Institute of Social Studies at The Hague in 1957, and a Doctor's degree in Political and Social Sciences from Amsterdam University. He received a senior Fulbright grant to U.S.A. for the academic year and is a Reader in International Relations at J adavpur University in Calcutta, India. His earlier publication: Indo-Pakistan Relations ( ) Amsterdam, XIV and 428 pages Guilders 52.20

14 MARTINUS NIjHOFF - PUBLISHER - THE HAGUE ABD-EL-FATTAH IBRAHIM EL-SAYED BADDOUR Sudanese.. Egyptian relations A chronological and analytical study XIV and 264 pages. With 1 map. * W. F. VAN EEKELEN Indian Foreign Policy and the Border Dispute with China Guilders nd revised edition XIV and 230 pages. With 4 maps. Guilders * * GEORGE GINSBURGS and MICHAEL MATHOS IX and 218 pages. Communist China and Tibet The first do~en years * * * LEON GORDENKER Guilders The United Nations and the Peaceful Unification of Korea The polities of field operations I947-I XIII and 306 pages. Guilders 18.75

15 MARTINUS NIjHOFF - PUBLISHER - THE HAGUE JUSTUS M. VAN DER KROEF Communism in Malaysia and Singapore A contemporary survtry VIII and 268 pages. Guilders * * * The Kutch-Sind Border Question A collection of documents with comments Published under the auspices of the Indian Society of International Law VI and 213 pages. With 1 folding map. Guilders 9.- * * * FERNAND VAN LANGENHOVE Le role pro eminent du secretaire general dans roperation des Nations Unies au Congo pages. Guilders * * * E. SARKISY ANZ Buddhist Backgrounds of the Burmese Revolution XXIX and 250 pages. Guilders One guilder = abo $ 0.28 = abo.& 2/4 = env. Ffr = ca. DMW 11.0 Obtainable through any booksellet OT directly from the publisher

CONTENTS GEOGRAPHICAL LOCATION OF THE STATE 2.2 KASHMIR PRIOR TO THE REIGN OF GULAB SINGH 2.3 THE ADVENT OF MAHARAJA GULAB SINGH

CONTENTS GEOGRAPHICAL LOCATION OF THE STATE 2.2 KASHMIR PRIOR TO THE REIGN OF GULAB SINGH 2.3 THE ADVENT OF MAHARAJA GULAB SINGH CONTENTS SUPERVISOR'S CERTIFICATE PREFACE ACKNOWLEDGEMENT CONTENTS TABLE OF CASES ABBREVIATIONS Page CHAPTER 1 -INTRODUCTION 1-5 1.1. NEED FOR RESEARCH ON ARTICLE 370 OF THE CONSTITUTION CHAPTER 2- A SHORT