"Partition of India" - Birth of Kashmir Dispute

Ranbir Singh's grandson Hari Singh, who had ascended the throne of Kashmir in 1925, was the reigning monarch in 1947 . As parties to the partition process, both countries had agreed that the rulers of princely states would be given the right to opt for either Pakistan or India or—in special cases—to remain independent. Kashmir's population was overall 77 per cent Muslim but with internal areas of non-Muslim majority. It shared a boundary with both India and Pakistan. Pakistan anticipated that the Maharaja would accede to Pakistan, when the British paramountcy ended on 14–15 August. When he hesitated to do this, Pakistan launched a guerrilla infiltration of Pashtun tribals meant to frighten its ruler into submission. Instead the Maharaja appealed to Mountbatten for assistance, and theGovernor-General agreed on the condition that the ruler accede to India."Once the Maharaja signed the Instrument of Accession, "Indian soldiers entered Kashmir and drove the Pakistani-sponsored irregulars from all but a small section of the state. The United Nations was then invited to mediate the quarrel. The UN mission insisted that the opinion of Kashmiris must be ascertained, while India insisted that no referendum could occur until all of the state had been cleared of irregulars."

In the last days of 1948, a ceasefire was agreed under UN auspices; however, since the plebiscite demanded by the UN was never conducted, relations between India and Pakistan soured.

The UN Security Council on 20 January 1948 passed Resolution 39, establishing a special commission to investigate the conflict. Pursuant to the commission's recommendation, the Security Council ordered in its Resolution 47, passed on 21 April 1948, that the invading Pakistani army retreat from Jammu & Kashmir and that the accession of Kashmir to either India or Pakistan be determined in accordance with a plebiscite to be supervised by the UN. With Pakistan not forgoing its occupation from what it later termed as Azad Kashmir, none of the resolutions of UNSC could come to force.