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history Pakistan Affairs

Before the partition of India, the British used to rule via two methods. In certain areas they had direct government and direct rule (provinces), while in others, they were ruling indirectly through a local raja or Nizam. These areas were called the princely states. The princely states were allowed to manage all internal affairs except for three important ones: defense, foreign affairs, and communications. There were a total of 565 princely states in India.

When the British decided to leave India, they came up with a plan under Lord Mountbatten (Indian Independence) to divide India based on Hindu-Muslim demographics. But this plan only meant to divide British India, the places where they had direct control. The princely states were left to decide whether they wanted to join either India or Pakistan, or remain independent.

To join either Pakistan or India, a princely state needed to sign an Instrument of Accession, which had the same agreements that the princely states had with the British. They would also later sign merger agreements that would change many of the agreements and integrate the states completely into the country.

When the British left, all the princely states were merged into India or Pakistan, either by using money or force. All of them except three: Junagadh, Hyderabad, and Kashmir.

Junagadh became a part of India by plebiscite because the majority of its population was Hindu, while Hyderabad (a Muslim majority state) was merged into India using military force. This left only Kashmir.

The Raja of Kashmir, Hari Singh, decided that he did not want to accede to either country and wanted to remain independent because he wanted to stay in power. At the same time, the Raja had highly discriminatory laws and policies against the Muslims of Kashmir, which led to frequent protests against him.

When Pakistani tribal militias entered Kashmir to liberate it from the Raja, he got frightened and asked for India's assistance. The Indian government denied assistance, saying that since Kashmir was not a part of India, they were not obligated to help. In a moment of desperation, the Raja signed the Instrument of Accession with India. This made Kashmir's defense, foreign affairs, and communications India's responsibility, so India sent troops to defend Kashmir against the Pakistani militias. This became the India-Pakistan war of 1947.

The Indian cabinet was convinced that if the issue of Kashmir was taken to the UN, then the UN would decide in India's favor because Kashmir had already signed the instrument of accession.

When the UN passed its resolution (UN resolution 47) it mentioned two things.

  • Immediate ceasefire no matter where either country's troops were. Both countries stopped the war but held their positions. This became the Line of Control (LOC) that exists to this day.
  • Both countries were to eventually remove their troops and then a plebiscite to be held which what country Kashmir would join.

Neither countries removed their troops and so the plebiscite is pending to this day.

So now Kashmir was divided into two parts, the Pakistani administered Kashmir and the Indian administered Kashmir.

When it was time for India to make their constitution, they had to take into account the status of Kashmir. Kashmir (or rather Hari Singh) had already signed the instrument of accession which meant that aside for defense, foreign affairs, and communications, the state would remain autonomous and handle its own internatl affairs.

The Indian constitution had to account for this, which is where Article 370 comes in.

The Kashmir Issue and Article 370 Article 370 Removal — Kashmir Issues

References

Planning Of Article 370 Removal