Abstract
91 (1951). Resolution of 30 March 1951
[S/2017/Rev.l]
The Security Council,
Having received and noted the report of Sir Owen Dixon,
the United Nations Representative for India and Pakistan, on his mission initiated by Security Council resolution
80 (1950) of 14 March 1950,
Observing that the Governments of India and Pakistan have accepted the provisions of the United Natios Commission
for India and Pakistan resolutions of 13 August 1948 and 5 January 1949 and have reaffirmed their desire that… [read more] the
future of the State of Jammu and Kashmir shall be decided through the democratic method of a free and impartial
plebiscite conducted under the auspices of the United Nations,
Observing that on 27 October 1950 the General Council; of the "All Jammu and Kashmir National Conference" adopted
a resolution recommending the convening of a constituent assembly for the purpose of determining the "future shape
and affiliations of the State of Jammu and Kashmir, observing further from statements of responsible authorities
that action is proposed to convene such a constituent assembly and that the area from which such a constituent
assembly would be elected is only a part of the whole territory of Jammu and Kashmir,
Reminding the Governments and authorities concerned of the principle embodied in its resolutions 47 (1948) of 21
April 1948, 51 (1948) of 3 June 1948 and 80 (1950) of 14 March 1950 and the United Nations Commission for India
and Pakistan resolutions of 13 August 1948 and 5 January 1949, that the final disposition of the State of Jammu
and Kashmir will be made in accordance with the will of the people expressed through the democratic method of a
free and impartial plebiscite conducted under the auspices of the United Nations,
Affirming that the convening of a constituent assembly as recommended by the General Council of the "All Jammu and
Kashmir National Conference" and any action that assembly might attempt to take to determine the future shape and
affiliation of the entire State or any part thereof would not constitute a disposition of the State in accordance
with the above principle,
Declaring its belief that it is the duty of the Security Council in carrying out its primary responsibility for
the maintenance of international peace and security to aid the parties to reach an amicable solution of the Kashmir
dispute and that a prompt settlement of this dispute is of vital importance to the maintenance of international
peace and security,
Observing from Sir Owen Dixon's report that the
main points of difference preventing agreement between the parties were:
(a) The procedure for and the extent of demilitarization of the State preparatory to the holding of a plebiscite,
and
(b) The degree of control over the exercise of the functions of government in the State necessary to ensure a free
and fair plebiscite,
1. Accepts, in compliance with his request, Sir Owen Dixon's resignation and expresses its gratitude to Sir Owen
for the great ability and devotion with which he carried out his mission;
2. Decides to appoint a United Nations Representative for India and Pakistan in succession to Sir Owen Dixon;
3. Instructs the United Nations Representative to proceed to the subcontinent and, after consultation with the
Governments of India and Pakistan, to effect the demilitarization of the State of Jammu and Kashmir on the basis
of the United Nations Commission for India and Pakistan resolutions of 13 August 1948 and 5 January 1949;
4. Calls upon the parties to co-operate with the United Nations Representative to the fullest degree in effecting
the demilitarization of the State of Jammu and Kashmir;
5. Instructs the United Nations Representative to report to the Security Council within three months from the date
of his arrival on the subcontinent; if, at the time of this report, he has not effected demilitarization in
accordance with paragraph 3 above, or obtained the agreement of the parties to a plan for effecting such
demilitarization, the United Nations Representative shall report to the Security Council those points of difference
between the parties in regard to the interpretation and execution of the agreed resolutions of 13 August 1948 and
5 January 1949 which he consider must be resolved to enable such demilitarization to be carrieds out;
6. Calls upon the parties, in the event of their discussions with the United Nations Representative failing in his
opinion to result in full agreement, to accept arbitration upon all outstanding points of difference reported by
the United Nations Representative in accordance with paragraph 5 above, such arbitration to be carried out by an
arbitrator, or a panel or arbitrators, to be appointed by the President of the International Court of Justice
after consultation with the parties;
7. Decides that the military observer group shall continue to supervise the cease-fire in the State;
8. Requests the Governments of India and Pakistan to ensure that their agreement regarding the cease-fire shall
continue to be faithfully observed and calls upon them to take all possible measures to ensure the creation and
maintenance of an atmosphere favourable to the promotion of further negotiations and to refrain from
any action likely to prejudice a just and peaceful settlement;
9. Requests the Secretary-General to provide the United Nations Representative for India and Pakistan with such
services and facilities as may be necessary in carrying out the terms of this resolution.
Adopted at the 539th meeting by 8 votes to none, with 3 abstentions (India, Union of Soviet Socialist Republics,
Yugoslavia). [^]