Indian White Paper on Plebiscite in Kashmir
The Indian Government published a White Paper on Jammu and Kashmir in 1948 [1] in an effort to explain the Indian position on the Kashmir dispute. This historic document contains numerous references to the issue of holding free and impartial plebiscite in Kashmir which deserve to be quoted in detail given that this issue of plebiscite is hotly contested[2] issue today. The plebiscite was never conducted due to intransigence on the part of both India and Pakistan.[2]
Indian Position on free and impartial plebiscite
1947
Govt. of India, White Paper on Jammu & Kashmir, Delhi 1948, p. 46.
Telegram, dated 25 October 1947, from Foreign, New Delhi, to C.R. Attlee, Prime Minister of UK.
From Prime Minister of India.[Pandit Jawaharlal Nehru]
"I should like to make it clear that [the] question of aiding Kashmir in this emergency is not designed in any way to influence the State to accede to India. Our view, which we have repeatedly made public is that [the] question of accession in any disputed territory or State must be decided in accordance with the wishes of the people and we adhere to this view".
Govt. of India, White Paper on Jammu & Kashmir, Delhi 1948, p. 55.
Pandit Jawaharlal Nehru, Prime Minister, in a broadcast from New Delhi on 2 November said:
"We have declared that the fate of Kashmir is ultimately to be decided by the people. That pledge we have given, and the Maharaja has supported it, not only to the people of Kashmir but to the world. We will not, and cannot back out of it. We are prepared when peace and law and order have been established to have a referendum held under international auspices like the United Nations. We want it to be a fair and just reference to the people, and we shall accept their verdict. I can imagine no fairer and juster offer."
Govt. of India, White Paper on Jammu & Kashmir, Delhi 1948, p. 77.
Telegram, dated 31 December 1947, from Foreign, New Delhi, to Indembassy, Washington:
[On 26 October 1947] In order to avoid any possible suggestion that India had taken advantage of the State's immediate peril for her own political advantage, the Dominion Government made it clear that, once the soil of the State had been cleared of the invader and normal conditions restored, its people would be free to decide their future by the recognised democratic method of a plebiscite or referendum, which, in order to ensure complete impartiality, might be held under international auspices.
1948
Govt. of India, White Paper on Jammu & Kashmir, Delhi 1948, p. 3.
Nevertheless, in accepting the accession, the Government of India made it clear that they would regard it as purely provisional until such time as the will of the people of the State could be ascertained.
Constitutional Problems
Constitution of India came into force from 26 January 1950, which states that, "all laws made before this constitution came into force will be abolished if they don't match with basic philosophy of this constitution." so white paper on kashmir got abolished automatically, because 'unity and integrity' of nation is one of basic structure of Indian constitution.
Any bill related to territory of India have to be passed by massive 2/3rd majority in both houses of Parliament of India, then it require assent by President of India. If that bill is against basic structure of Indian constitution then Supreme Court of India can outlaw or abolish that act via Judicial Review. Moreover, all Members of Parliament takes oath before assuming office that they will maintain 'integrity' of India.
So any decision regarding plebiscite in Kashmir is difficult to be taken by Government of India.
Preamble and article 3 of part 2 of Constitution of Jammu and Kashmir says, "Jammu and Kashmir is and shall be integral part of Union of India". This constitution has been adopted by elected Jammu and Kashmir Legislative Assembly in 1956.
See also
References
- ↑ Govt. of India, White Paper on Jammu & Kashmir , Delhi 1948.
- 1 2 http://www.kashmirlibrary.org/kashmir_timeline/kashmir_chapters/plebiscite.shtml