International Law ke mutabiq to pura Kashmir (including Azad Kashmir aur Gilgit Baltistan) bhi Bharat kaa hissa hona chahiye , kiyunke Maharaja ne instrument of accession Bharat ke haq main kar dia tha

United Nations Security Council Resolution 39:
United Nations Security Council Resolution 39, adopted on January 20, 1948, offered to assist in the peaceful resolution of the Kashmir Conflict by setting up a committee of three members; one to be chosen by the India, one to be chosen by Pakistan and the third to be chosen by the other two members of the committee. The committee was to write a joint letter advising the Council on what course of action would be best to help further peace in the region.


United Nations Security Council Resolution 47:
United Nations Security Council Resolution 47, adopted on April 21, 1948, after hearing arguments from both India and Pakistan the Council increased the size of the Commission established by United Nations Security Council Resolution 39 to five members, instructed the Commission to go to the subcontinent and help the governments of India and Pakistan restore peace and order to the region and prepare for a plebiscite to decide the fate of Kashmir. The resolution was passed by United Nations Security Council under chapter VI of UN Charter. Resolutions passed under Chapter VI of UN charter are considered non binding and have no mandatory enforceability as opposed to the resolutions passed under Chapter VII.
The resolution recommended that in order to ensure the impartiality of the plebiscite Pakistan withdraw all tribesmen and nationals who entered the region for the purpose of fighting and that India leave only the minimum number of troops needed to keep civil order. The Commission was also to send as many observers into the region as it deemed necessary to ensure the provisions of the resolution were enacted. Pakistan ignored the UN mandate and continued fighting, holding on to the portion of Kashmir under its control. Subsequently India refused to implement the plebiscite claiming the withdrawal of Pakistan forces was a prerequisite as per this resolution. In 1990 after nearly four decades, the United States changed its position and is no longer urging a plebiscite in Kashmir, saying the dispute should be settled through direct negotiations between India and Pakistan.
The resolution was adopted paragraph by paragraph; no vote on the resolution as a whole was taken.


In the light of above UN resolutions and recommendations of the committee, Pakistan must have withdrawn all regular and irregular forces throughout Kashmir and India to have maintained only minimal amount of forces to maintain civil order. But Pakistan did not do so, and therefore India asserts that:


1. Instrument of Accession was signed in its favor and constituent assembly which was a representative body had ratified it, therefore it has legal right on Kashmir.
2. It does not accept Two Nation Theory that forms the basis of Pakistan and therefore it considers Kashmir as its integral part since Indian is a diverse society. Dissatisfaction and disaffection are common in a diverse society; therefore it does not regard Kashmiri disaffection as highly. Furthermore Indians assert that insurgency in Kashmir has been deliberately fueled by Pakistan to create instability in region

3. Pakistan must withdraw its forces from all of Kashmir in order for the plebiscite to be held.


Whereas Pakistan rejected instrument of accession by Maharaja by asserting that he was an unpopular leader. According to Two Nation Theory Kashmir should be part of Pakistan. Insurgency and dissatisfaction in Kashmir shows that Kashmiris are not satisfied with the Indians and either they want to join Pakistan or remain independent. Furthermore the events of 9/11 and consequent UNSC resolution 1373 makes political stance of Pakistan providing ethical and moral support to Kashmiri cause even weaker.



And one more Princely State that influenced Pakistan's strategy was Junagadh. Nawab of Junagarh signed the instrument of accession in favor of Pakistan in defiance of Viceroy's persuasion. Junagarh was also located within India and did not share land border with Pakistan, nevertheless the Nawab of Junagadh Nawab Muhabbat Khanji asserted that Junagadh could access Pakistan by sea and therefore he signed instrument of accession in favor of Pakistan. This prompted internal rebellion within Junagadh; the states of Mangarol and Babariwad that were subjected to suzerainty of Junagadh declared independence and chose to join India. Junagadh responded by militarily occupying the two states; prompting further rebellion and appeals to India to come for military support. Thereafter India militarily occupied Junagadh in defiance of the international law and Pakistan could not militarily defend its territory.


Now we have some background of the origins of Kashmir problem , we can safely assume dominance of right wing politics in both Pakistan and India during the early period of independence. India was successful in maintaining both political and military upper hand over Pakistan in all the issues. Thereafter Indian establishment embarked on a different political discourse; it framed its constitution, became neutral and did not tilt towards right wingers anymore. As a result India made significant progress in internal politics and today it has well entrenched left right and center politics even in a diverse society and it is making progress as a nation. Corruption is rife in India as well, but it is treated as a social issue instead of political issue; thence India is making progress in dealing with it as well. However Pakistani establishment kept the grudge and tilted towards right wingers and two nation theory proponents. As a result internal political situation of Pakistan has evolved into a mess which is before you today. Corruption is only highlighted when any political force that is in contradiction to right wingers is in power, however corruption remains in all the governments (foji hukumatun main bhi corruption hoti hai ). You have no law and order when the state is busy in its own political discourses and does not allow any political progress to be made by the nation.


PS: Sorry I was away for a while, I had read your post regarding two nation theory but it was deleted. Today I could explain it further . My first two posts were only to make you free of emotions, now you can rationally study the subject and secure good score in Pakistan Affairs . Your comments are required now for the discussion to progress .