Abstract
47 (1948). Resolution of 21 April 1948
[S/726] The Security Council,
Having considered the complaint of the Government of India concerning the dispute over the State of Jammu and
Kashmir,
Having heard the representative of India in support of that complaint and the reply and counter-complaints of
the representative of Pakistan,
Being strongly of the opinion that the early restoration of peace and order in Jammu and Kashmir is essential
and that India and Pakistan should do their utmost to… [read more] bring about a cessation of all fighting,
Noting with satisfaction that both India and Pakistan desire that the question of the accession of Jammu and
Kashmir to India or Pakistan should be decided through the democratic method of a free and impartial plebiscite,
Considering that the continuation of the dispute is likely to endanger international peace and security,
Reaffirms its resolution 38 (1948) of 17 January 1948 ;
Resolves that the membership of the Commission established by its resolution 39 (1948) of 20 January 1948 shall
be increased to five and shall include, in addition to the membership mentioned in that resolution,
representatives of . . . and . . . , and that if the membership of the Commission has not been completed
within ten days from the date of the adoption of this resolution the President of the Council may designate
such other Member or Members of the United Nations as are required to complete the membership of five;
Instructs the Commission to proceed at once to the Indian subcontinent and there place its good offices and
mediation at the disposal of the Governments of India and Pakistan with a view to facilitating the taking of
the necessary measures, both with respect to the restoration of peace and order and to the holding of a
plebiscite, by the two Governments, acting in co-operation with one another and with the Commission, and further
instructs the Commission to keep the Council informed of the action taken under the resolution; and, to this
end,
Recommends to the Governments of India and Pakistan the following measures as those which in the opinion of
the Council are appropriate to bring about a cessation of the fighting and to create proper conditions for a
free and impartial plebiscite to decide whether the State of Jammu and Kashmir is to accede to India or
Pakistan:
A. Restoration of peace and order
1. The Government of Pakistan should undertake to use its best endeavours:
(a) To secure the withdrawal from the State of Jammu and Kashmir of tribesmen and Pakistani nationals not
normally resident therein who have entered the State for the purpose of fighting, and to prevent any intrusion
into the State of such elements and any furnishing of material aid to those fighting in the State;
(b) To make known to all concerned that the measures indicated in this and the following paragraphs provide
full freedom to all subjects of the State, regardless of creed, caste, or party, to express their
views and to vote on the question of the accession of the State, and that therefore they should co-operate
in the maintenance of peace and order.
2. The Government of India should:
(a) When it is established to the satisfaction of the Commission set up in accordance with the Council's
resolution 39 (1948) that the tribesmen are withdrawing and that arrangements for the cessation of the
fighting have become effective, put into operation in consultation with the Commission a plan for withdrawing
their own forces from Jammu and Kashmir and reducing them progressively to the minimum strength required for
the support of the civil power in the maintenance of law and order;
(b) Make known that the withdrawal is taking place in stages and announce the completion of each stage;
(c) When the Indian forces have been reduced to the minimum strength mentioned in (a) above, arrange in
consultation with the Commission for the stationing of the remaining forces to be carried out in accordance
with the following principles:
(i) That the presence of troops should not afford any intimidation or appearance of intimidation to the
inhabitants of the State;
(ii) That as small a number as possible should be retained in forward areas;
(iii) That any reserve of troops which may be included in the total strength should be located within their
present base area.
3. The Government of India should agree that until such time as the Plebiscite Administration referred to
below finds it necessary to exercise the powers of direction and supervision over the State forces and police
provided for in paragraph 8, they will be held in areas to be agreed upon with the Plebiscite Administrator.
4. After the plan referred to in paragraph 2 (a) above has been put into operation, personnel recruited locally
in each district should so far as possible be utilized for the re-establishment and maintenance of law and
order with due regard to protection of minorities, subject to such additional requirements as may be specified
by the Plebiscite Administration referred to in paragraph 7.
5. If these local forces should be found to be inadequate, the Commission, subject to the agreement of both
the Government of India and the Government of Pakistan, should arrange for the use of such forces of either
Dominion as it deems effective for the purpose of pacification.
B. Plebiscite
6. The Government of India should undertake to ensure that the Government of the State invite the major
political groups to designate responsible representatives to share equitably and fully in the conduct of the
administration at the ministerial level while the plebiscite is being prepared and carried out.
7. The Government of 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.
8. The Government of India should undertake that there will be delegated by the State to the Plebiscite
Administration such powers as the latter considers necessary for holding a fair and impartial plebiscite
including, for that purpose only, the direction and supervision of the State forces and police.
9. The Government of India should, at the request of the Plebiscite Administration, make available from the
Indian forces such assistance as the Plebiscite Administration may require for the performance of its functions.
10. (a) The Government of India should agree that a nominee of the Secretary-General of the United Nations will
be appointed to be the Plebiscite Administrator.
(b) The Plebiscite Administrator, acting as an officer of the State of Jammu and Kashmir, should have
authority to nominate his assistants and other subordinates and to draft regulations governing the plebiscite.
Such nominees should be formally appointed and such draft regulations should be formally promulgated by the
State of Jammu and Kashmir.
(c) The Government of India should undertake that the Government of Jammu and Kashmir will appoint fully
qualified persons nominated by the Plebiscite Administrator to act as special magistrates within the State
judicial system to hear cases which in the opinion of the Plebiscite Administrator have a serious bearing on
the preparation for and the conduct of a free and impartial plebiscite.
(d) The terms of service of the Administrator should form the subject of a separate negotiation between the
Secretary-General of the United Nations and the Government of India. The Administrator should fix the terms
of service for his assistants and subordinates.
(e) The Administrator should have the right to communicate directly with the Government of the State and with
the Commission of the Security Council and, through the Commission, with the Security Council, with the
Governments of India and Pakistan and with their representatives with the Commission. It would be his duty
to bring to the notice of any or
all of the foregoing (as he in his discretion may decide) any circumstances arising which may tend, in his
opinion, to interfere with the freedom of the plebiscite.
11. The Government of India should undertake to prevent, and to give full support to the Administrator and
his staff in preventing, any threat, coercion or intimidation, bribery or other undue influence on the voters
in the plebiscite, and the Government of India should publicly announce and should cause the Government of
the State to announce this undertaking as an international obligation binding on all public authorities and
officials in Jammu and Kashmir.
12. The Government of India should themselves and through the Government of the State declare and make known
that all subjects of the State of Jammu and Kashmir, regardless of creed, caste or party, will be safe and
free in expressing their views and in voting on the question of the accession of the State and that there
will be freedom of the press, speech and assembly and freedom of travel in the State, including freedom of
lawful entry and exit.
13. The Government of India should use and should ensure that the Government of the State also use their
best endeavours to effect the withdrawal from the State of all Indian nationals other than those who are
normally resident therein or who on or since 15 August 1947 have entered it for a lawful purpose.
14. The Government of India should ensure that the Government of the State releases all political prisoners
and take all possible steps so that:
(a) All citizens of the State who have left it on account of disturbances are invited, and are free, to
return to their homes and to exercise their rights as such citizens;
(b) There is no victimization;
(c) Minorities in all parts of the State are accorded adequate protection.
15. The Commission of the Security Council should at the end of the plebiscite certify to the Council whether
the plebiscite has or has not been really free and impartial.
C. General provisions
16. The Governments of India and Pakistan should each be invited to nominate a representative to be attached
to the Commission for such assistance as it may require in the performance of its task.
17. The Commission should establish in Jammu and Kashmir such observers as it may require of any of the
proceedings in pursuance of the measures indicated in the foregoing paragraphs.
18. The Security Council Commission should carry out the tasks assigned to it herein.
Adopted at the 286th meeting [^]