Foreign Relations of the United States, 1948, The Near East, South Asia, and Africa, Volume V, Part 1

745.45F/2–2148: Telegram

The Secretary of State to the Embassy in India

secret

Washington, February 25, 1948—7 p. m.

124. Dept has found urtels 148 and 150 Feb 21 most useful in its consideration Kashmir problem. For your strictly confidential info and not for discussion with GOI or GOP Dept exploring possibility that settlement may be based on following tentative principles on which your immediate comment would be appreciated:

1. SC recommendations for Kashmir settlement should be based on assumption that both parties have requested such action. It is believed record SC debate supports this assumption and recommendations might be made under Articles 37 or 38 of UN Charter. Agreement or at least acquiescence of both parties to proposals and their cooperation with UN for implementation thereof are essential.

2. Cessation of acts of hostility and violence (truce) in Kashmir to be brought about by cooperation between GOI and GOP under observation and with assistance UN Commission. GOP to take all possible peaceful steps to bring about withdrawal tribal invaders, cessation of fighting by insurgents, and also to withhold material assistance to any of these elements not cooperating in truce. Concurrently GOI to arrange progressive withdrawal its forces from combat zones but not necessarily outside Kashmir territory.

3. To insure fair plebiscite SC to recommend that present Kashmir administration be reorganized as interim government in consultation with UN commission to include:

(1) responsible representatives of principal political elements in the state; and

(2) one or more ministers chosen on basis their technical qualifications, possibly from panel proposed by UN Commission or by some other method, without regard to nationality, race, religion, or creed, to exercise jurisdiction over electoral machinery, police, courts, and other subjects bearing on maintenance of law and order in the state.

4. Interim arrangements for maintenance of law and order would be put into effect by interim government in consultation with UN commission.

5. If interim government wishes use Indian or Pakistan troops, or both, to supplement local forces it may do so in agreement with the two dominions.

6. The relationship between this interim government and the proposed plebiscite commission (see below) to be based on understanding that restoration of law and order and conduct of normal government business will be in hands of interim government subject to exercise by the commission of those powers delegated to it for the period preceding and during the plebiscite. Relationship between all troops in the state and plebiscite commission to be based on understanding that commission through plebiscite marshal (see below) will be authorized issue orders through competent commanders to these forces in situations relating to maintenance of conditions for fair and impartial plebiscite.

7. The SC commission authorized on Jan 20 to act as the plebiscite commission with comprehensive functions and powers relating to preparation for and conduct of plebiscite. These powers would include right of interference in local governmental machinery when necessary for proposed plebiscite. The commission would be authorized employ numerous advisers and specialists. Attached to commission and subject its general supervision there would be plebiscite marshal and plebiscite magistrate appointed by SC or by some other method. Former would exercise powers commission relating maintenance law and order while latter would have appellate jurisdiction over questions arising in state judiciary which relate to plebiscite. Both these officers would require special staffs.

8. Upon the receipt of a report from the commission of the successful completion of a fair plebiscite and of the arrangements between Kashmir interim government and appropriate dominion for accession, SC would authorize termination activities commission.

Please cable expected date return GOI delegation New York.

Sent Delhi rept Karachi, New York,¹ and London.

Marshall

1. As repeated to New York, this message contained the following concluding paragraph:

   “USUN win note some changes in foregoing from principles outlined Deptel 79 Feb 20. These changes based on Dept conversations with British Feb 23 (memo covering conversations being transmitted separately) as well as info contained in Delhi cables mentioned. In conversations with Brit they indicated willingness to revise their position re civil administration generally along lines our proposals for strong plebiscite commission instead but they remained adamant re use Pak troops. Our proposals believed compatible with Chinese suggestions contained USUN memorandum Feb 19 covering conversation between Noyes and Shu and may be discussed with Chinese on informal basis, except for point 5 re Pakistan troops which is still under discussion with British.”

   The memoranda referred to are not printed.