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Resolution 39

The India-Pakistan Question

Abstract

39 (1948). Resolution of 20 January 1948

[S/654]

The Security Council,

Considering that it may investigate any dispute or any situation which might, by its continuance, endanger
the maintenance of international peace and security and that, in the existing state of affairs between
India and Pakistan, such an investigation is a matter of urgency,
Adopts the following resolution:
A. A Commission of the Security Council is hereby established, composed of representatives of three Members
of the United Nations, one to be selected by India, one to be selected by Pakistan, and the third to be
designated by the two so selected. Each representative on the Commission shall be entitled to select his
alternates and assistants.
B. The Commission shall proceed to the spot as quickly as possible. It shall act under the authority of
the Security Council and in accordance with the directions it may receive from it. It shall keep the
Security Council currently informed of its activities and of the development of the situation. It shall
report to the Security Council regularly, submitting its conclusions and proposals.
C. The Commission is invested with a dual function : (1) to investigate the facts pursuant to Article 34
of the Charter of the United Nations; (2) to exercise, without interrupting the work of the Security
Council, any mediatory influence likely to smooth away difficulties; to carry out the directions given to
it by the Security Council; and to report how far the advice and directions, if any, of the Security
Council have been carried out.
D. The Commission shall perform the functions described in clause C: (1) in regard to the situation in
the Jammu and Kashmir State set out in the letter 'of the representative of India addressed to the President
of the Security Council, dated 1 January 1948, and in the letter from the Minister of Foreign Affairs of
Pakistan addressed to the Secretary-General, dated 15 January 1948; and (2) in regard to other situations
set out in the letter from the Minister of Foreign Affairs of Pakistan addressed to the Secretary-General,
dated 15 January 1948, when the Security Council so directs.
E. The Commission shall take its decision by majority vote. It shall determine its own procedure. It may
allocate among its members, alternate members, their assistants, and its personnel such duties as may have
to be fulfilled for the realization of its mission and the reaching of its conclusions.
F. The Commission, its members, alternate members, their assistants, and its personnel shall be entitled
to journey, separately or together, wherever the necessities of their tasks may require, and, in particular,
within those territories which are the theatre of the events of which the Security Council is seized.
G. The Secretary-General shall furnish the Commission with such personnel and assistance as it may consider
necessary.
Adopted at the 230th meeting by 9 votes to none, with 2 abstentions (Ukrainian Soviet Socialist Republic,
Union of Soviet Socialist Republics).

Topics
Pakistan, India
Year
1948
Title
The India-Pakistan Question
Quoted in resolutions
47 51 80
Security Council Composition
CHN FRA SUN GBR USA ARG BEL CAN COL SYR UKR