According to Jinnah, India acquired the accession through "fraud and violence."
A plebiscite was unnecessary and states should accede according to their majority population. He was willing to urge Junagadh to accede to India in return for Kashmir. For a plebiscite, Jinnah demanded simultaneous troop withdrawal for he felt that 'the average Muslim would never have the courage to vote for Pakistan' in the presence of Indian troops and with Sheikh Abdullah in power.
When Mountbatten countered that the plebiscite could be conducted by the United Nations, Jinnah, hoping that the invasion would succeed and Pakistan might lose a plebiscite, again rejected the proposal, stating that the Governors Generals should conduct it instead. Mountbatten noted that it was untenable given his constitutional position and India did not accept Jinnah's demand of removing Sheikh Abdullah.
During the initial stages of the Kashmir conflict, Sardar Patel, India’s deputy prime minister, offered Pakistan to exchange Hyderabad Deccan for Kashmir. This fact is corroborated by a host of impeccable sources including Maulana Abul Kalam Azad and Chaudhri Muhammad Ali, Liaquat’s close confidant. The latter has described how this offer was made by the Indians in his masterly biography, The Emergence of Pakistan. Hyderabad Deccan was a gone case from day one. It was surrounded on all sides by the Indians and had a Hindu majority. Kashmir, on the other hand, was Pakistan’s jugular vein and we should have aimed to get it by hook or crook.
Kashmir: History (November 1947 )
5–6 November: Convoys of Muslim refugees going to West Punjab attacked by armed bands supported by State troops. Very few survive. 6 November is remembered as a remembrance day in Pakistan and Pakistan occupied Kashmir.
9 November: Another convoy of Muslim refugees is guarded by Indian troops, who repel the attackers killing 150 of them. No furher attacks on covoys reported after this incident.Indian Army killed attackers with out any religious bias and saved Muslims refugees going to Pakistan.
16 November: Pakistan's Political Agent Khan Mohammad Alam Khan arrives in Gilgit and takes over the administration. The provisional government is dismissed.
25 November: Massacre of 20,000 Hindus and Sikhs taking shelter at Mirpur in what is now pakistan occupied Kashmir. The day is remembered as the Mirpur day in Indian-administered Jammu.
Hardly anybody outside Baramulla has heard of Mohd Maqbool Sherwani, or how he died and the decisive role he played in saving Srinagar from falling to Pakistani raiders Kabilis, who attacked Kashmir in the year of Independence.
Sherwani was a gutsy boy of 19 who single-handedly thwarted the advance of thousands of raiders (Kabailis) from Baramulla, thereby giving valuable time to the Indian Army to land in Srinagar and prevent an ignominious defeat.
He went around on his bike telling the Kabailis, who stormed Baramulla on October 22, 1947, not to advance towards Srinagar as the Indian Army had reached the outskirts of Baramulla.
His bluff worked. The enemy froze in its tracks for four days. By then, 1st Sikh had landed in Srinagar, on October 27, now celebrated as Infantry Day. When the Kabailis came to know of Sherwani’s game plan, they shot him dead and crucified him.
Kashmir: History (December 1947 )
8 December: Meeting between Nehru and Liaquat Ali Khan, along with ministers and Lord Mountbatten. Montbatten proposes that the UN be invited to break the deadlock.
15-20 December: Indian forces losing ground. Nehru contemplates escalating the war across the international border, but decides against it.
24 December: Indian forces evicted from Jhangar by rebels. However, they repel the attack on Naushera by 27 December. India reinforces Kashmir by an additional brigade.
28 December: Mountbatten urges Nehru "to stop the fighting and to stop it as soon as possible."
31 December: India refers the Kashmir problem to the UN Security Council. The Indo-Pakistani War of 1947 continues into 1948.
Kashmir: History (January- April 1948 )
1 January: UN Security Council considers the Kashmir problem.
20 January: UN Security Council passes Resolution 39 announcing a 3-member Commission to investigate the Kashmir dispute. However this does not come into fruition till May 1948.
11 February: Gilgit rebels attack Skardu. The State forces at Skardu defend it for almost six months hence. No reinforncements possible due to the Zoji La pass being closed under winter snows. The Ladakhis appeal to Nehru for help.
7 March: A small group of Indian troops brave through the Zoji La pass, reaching Leh with guns and ammunition to raise a local volunteer force.
21 April: UN Security Council passes Resolution 47 calling for a three-step process for the resolution of the dispute: Pakistani withdrawal of its nationals, India to reduce its troops to minimum level, and arrangements for a plebiscite. The UN Commisssion proposed in January is enlarged to five members under the name of UNCIP. Both India and Pakistan reject the resolution but promise to work with the Commission.
Kashmir: History (July-Novenber 1948)
5 July: UNCIP arrives in the subcontinent. In Karachi, it was told by Pakistan that three brigades of regular Pakistan Army were oprerating in Kashmir, a "bombshell" of news according to Josef Korbel. In Delhi, the Commission was told that it needed to recognize the aggression by Pakistan. The Commission broaches the possibility of partition, considered favourably by India but rejected by Pakistan.
6 July: In response to an appeal by the UNCIP, India limits operations to clearing the land route to Leh and relieving Poonch.
13 August: UNCIP adopts its first resolution on Kashmir, fine-tuning the April resolution of the Security Council to take into account objections by both India and Pakistan. Pakistan's aggression is indirectly acknowledged by asking for its withdrawal as the first step. The resolution is accepted by India, but effectively rejected by Pakistan.
1 November : Zoji La pass recaptured by India.
15 November: Dras recaptured.
20 November: Two Indian columns link up at Poonch, relieving the pressure on the garrison.
23 November: Kargil recaptured.
The UNCIP made three visits to the subcontinent between 1948 and 1949, trying to find a solution agreeable to both India and Pakistan. It reported to the Security Council in August 1948 that "the presence of troops of Pakistan" inside Kashmir represented a "material change" in the situation. A two-part process was proposed for the withdrawal of forces. In the first part, Pakistan was to withdraw its forces as well as other Pakistani nationals from the state. In the second part, "when the Commission shall have notified the Government of India" that Pakistani withdrawal has been completed, India was to withdraw the bulk of its forces. After both the withdrawals were completed, a plebiscite would be held. The resolution was accepted by India but effectively rejected by Pakistan.
In short, India required an asymmetric treatment of the two countries in the withdrawal arrangements, regarding Pakistan as an `aggressor', whereas Pakistan insisted on parity. The UN mediators tended towards parity, which was not to India's satisfaction. In the end, no withdrawal was ever carried out, India insisting that Pakistan had to withdraw first, and Pakistan contending that there was no guarantee that India would withdraw afterwards. No agreement could be reached between the two countries on the process of demilitarisation.
Declassified British papers indicate that Britain and US had let their Cold War calculations influence their policy in the UN, disregarding the merits of the case.
17 October: the Indian Constituent Assembly adopts Article 370 of the Constitution, ensuring a special status and internal autonomy for Jammu and Kashmir, with Indian jurisdiction in Kashmir limited to the three areas agreed in the IOA, namely, defence, foreign affairs and communications.
Kashmir: History (1950)
During the 1950s, Indian Prime Minister Jawaharlal Nehru held talks with Pakistan's Prime Minister Muhammad Ali Bogra to sort out the plebiscite issue in Kashmir . The discussions between the two suggest that Nehru had even agreed to appoint a Plebiscite Administrator by April 1954. However, Pakistan then joined the CENTO alliance and India used this as a reason to reject the plebiscite and to cancel the talks.
However, in May 1955 Nehru held talks with Muhammad Ali Bogra during which he underlined his willingness to solve the Kashmir issue on the basis of a Partition of the state along the cease fire line.
Nehru's cable to Krishna Menon in 1957 suggests that he favored a 'readjustment' of the ceasefire line on strategic and geographic grounds. From the 1950s, India became lukewarm to the idea of a plebiscite and instead adopted the view that the Constituent Assembly of Jammu and Kashmir, which was elected in 1951, had ratified the state's accession to India therefore it was unnecessary to further determine the wishes of the Kashmiri people.
Kashmir: History (1951-1953)
1951: Elections for the Constituent Assembly, with 75 seats allocated for the Indian administered part of Kashmir and 25 seats left reserved for the Pakistan administered part. National Conference wins all 75 seats in a rigged election. The UN passes a resolution to the effect that such elections do not substitute a plebiscite, because a plebiscite offers the option of choosing between India and Pakistan. Sheikh Abdullah wins, mostly unopposed.
1947-1952: Sheikh Abdullah drifts from a position of endorsing accession to India in 1947 to insisting on the self-determination of Kashmiris in 1952. In July 1952, he signs Delhi Agreement with the Central government on Centre-State relationship, providing for autonomy of the State within India and of regions within the State.
1953: In 1953, the governments of India and Pakistan agree to appoint a Plebiscite Administrator by the end of April 1954. Abdullah procrastinates in confirming the accession of Kashmir to India. In June 1953, Abdullah heads a subcommittee of the National Conference which recommends five options for the state's future, all involving a plebiscite or independence. The recommendations are opposed by three of Abdullah's five-member cabinet, including the Deputy Prime Minister Bakshi Ghulam Mohammad. In August 1953, Abdullah is dismissed by Sadr-i-Riyasat Karan Singh and arrested. Bakshi Ghulam Mohammed is appointed as the Prime Minister.
Kashmir: Two-Nation Theory
The British Raj in India consisted of two units, namely British India and Princely India; whereas the former was directly ruled, the latter enjoyed semi autonomous status. The Rulers of the Princely States were allies of the British and under different treaties they accepted the British Paramountcy.
Many Muslims of Pakistan and Jammu and Kashmir are manipulated that because Pakistan was created in name of religion; and because Jammu and Kashmir was a majority Muslim State, therefore, it should have become part of Pakistan. That is not true; as Two Nations Theory did not apply to the Princely States, including the State of Jammu and Kashmir.
The Two Nations theory, ………..was only applicable to the British India. The Rulers of Princely States had a choice to accede to either India, accede to Pakistan or negotiate some new terms with India or Pakistan.
Mohammed Ali Jinnah was a constitutional expert. He knew the Two Nations Theory did not apply to the Princely States; and that is why before the establishment of Pakistan he never asked Kashmir.
When people asked Mohammed Ali Jinnah a question about future of Kashmir and other Princely States, he asserted:
“Constitutionally and legally, the Indian States will be independent sovereign states on the termination of Paramountcy and they will be free to decide for themselves to adopt any course they like. It is open to them to join the Hindustan Constituent Assembly, the Pakistan Constituent Assembly, or decide to remain independent. In the last case, they enter into such arrangements or relationship with Hindustan or Pakistan as they may choose.”
Mohammed Ali Jinnah demonstrated this policy by accepting accession of Junagarrh’s to Pakistan, even though this State had overwhelming non Muslim majority; and if the Two Nations Theory was applicable to the Princely States then this State would have automatically become part of India. Similarly, on question of Hyderabad, Mohammed Ali Jinnah supported Ruler of this State’s right to remain independent, even though this State also had overwhelming non Muslim majority; and if the Two Nations Theory was applicable to the Princely States then Hyderabad also should have automatically joined India.
Apart from that Governor General of India Lord Louis Mountbatten in his address to a Special full meeting of the Chamber of Princes on July 25 1947, said:
“Now, the Indian Independence Act releases the States from all their obligations to the Crown. The States will have complete freedom- technically and legally they become independent.”ir’s inclusion in Pakistan.