Constituent Assembly of Jammu and Kashmir - Background

Background

In 1947, British rule in India ended with the creation of two new nations, the Union of India and the Dominion of Pakistan and the abandonment of British suzerainty over the 562 Indian princely states. According to the Indian Independence Act 1947, "the suzerainty of His Majesty over the Indian States lapses, and with it, all treaties and agreements in force at the date of the passing of this Act between His Majesty and the rulers of Indian States", so the states were left to choose whether to join India or Pakistan or to remain independent. Jammu and Kashmir had a predominantly Muslim population but a Hindu ruler, and was the largest of the princely states. Its ruler was the Dogra King Hari Singh.

In October 1947, Pakistani tribals invaded Kashmir intending to liberate it from Dogra rule. Unable to withstand the invasion, the Maharaja signed The Instrument of Accession that was accepted by the Government of India on October 27, 1947. India subsequently sent its forces into Kashmir leading to Indo-Pakistani War of 1947. In January 1948 India moved the U.N. which led to United Nations Security Council Resolution 47 of April 21, 1948. This resolution required among other things that Pakistan withdraw from the areas of Jammu and Kashmir which it had occupied in 1947 immediately and conditions be created for a free and impartial plebiscite to decide the future of the state.

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