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THE DEMOCRATIC METHOD OF A FREE AND IMPARTIAL PLEBISCITE

The Security Council of United Nations on the complaint of Government of India concerning the dispute over the State of Jammu and Kashmir passed Resolution 47 (1948), “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”

It recommended to the Governments of India and Pakistan to restore peace and order in Jammu and Kashmir and provide full freedom to all subjects of the state, to vote on the question of accession.

Furthermore, it recommended to the Government of India to establish Plebiscite Administration to hold fair and impartial referendum as soon as possible, a nominee of the Secretary-General of the United Nations to be appointed as the Plebiscite Administrator, release all political prisoners, invite the major political groups to share the administration at the ministerial level while the plebiscite is being prepared and carried out.


UNITED NATIONS MILITARY OBSERVER GROUP IN INDIA AND PAKISTAN

The Security Council passed another resolution 47(1948) to enlarge the membership of the UNCIP and its role to observe ceasefire. India and Pakistan signed Karachi Agreement in March
1951 and established a ceasefire line to be supervised by observers. After the termination of UNICP, the Security Council passed another resolution 91(1951) and established ''United Nations Military Observer Group in India and Pakistan'' (UNMOGIP) to observe and report violations of ceasefire.

A war broke out between India and Pakistan in 1971 and the two countries signed another agreement in 1972 to define the Line of Control in Kashmir. India and Pakistan disagree on UNMOGIP’s mandate in Kashmir because India argued that the mandate of UNMOGIP has lapsed because it was specifically established to observe ceasefire according to Karachi Agreement.

However, The Secretary General of the United Nations maintained that the UNMOGIP should continue to function because no resolution has been passed to terminate it. India has restricted the activities of the UNMOGIP in its territory. However, Pakistan has continued to cooperate with UNMOGIP.


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