Pakistan-occupied Jammu and Kashmir

Also called: PoJK, PoK · Topic: Regional Aspirations: J&K, Punjab, the North-East and Accommodation · NCERT: Class 12, Ch 7 "Regional Aspirations"

Meaning

Pakistan-occupied Jammu and Kashmir (PoJK, also called PoK) is the part of the former princely state of Jammu and Kashmir that Pakistan has held illegally since the 1947-48 war, including Gilgit-Baltistan. In law it is Indian territory under illegal occupation.

• It matters because India's official position is that the entire State of J&K is an integral part of India [5][6].
• It also shapes India's objections to the 1963 China–Pakistan boundary deal and to CPEC.

Explanation

How the occupation began (1947-49)

• October 1947: Pakistan sent tribal raiders.
• Pakistan sent tribal raiders (armed Pashtun tribesmen) into J&K.

• Maharaja Hari Singh could not defend the state, so he asked India for military help.

• 26 October 1947: Instrument of Accession.

• The Maharaja signed the Instrument of Accession, the legal document by which a princely state joined India. J&K became part of India [7].

• Indian troops then drove the raiders out of the valley. They did not clear the whole state.

• 1 January 1949: ceasefire.

• The fighting stopped. Part of the state was still under Pakistan's control.
• That part is PoJK.

What PoJK includes

• The areas of the former state that Pakistan has held since the 1947-48 war.
• Gilgit-Baltistan, the northern part. India treats it as Indian territory.
• Shaksgam valley:
• On 2 March 1963, Pakistan signed a China–Pakistan "Boundary Agreement".
• Under it, Pakistan illegally ceded 5,180 sq km of Indian territory in PoK to China [8].
• India says Pakistan never had the right to give away this land.

Why the UN plan did not end the occupation

• India took the matter to the UN Security Council (UNSC). Its complaint was that Pakistan had committed aggression (an armed attack).

• UNSC Resolution 47 was adopted on 21 April 1948 by all 11 members. It set out three steps in a fixed order [2]: 1. Pakistan withdraws its tribesmen and nationals. 2. India then cuts its forces step by step, down to the minimum needed for law and order. 3. A free and impartial plebiscite is held under UN supervision. A plebiscite is a direct vote of the people on one question. Here the question was whether to join India or Pakistan [3].

• Step 1 never happened. So steps 2 and 3 could not start, and no plebiscite was held.

• The UN process later stalled because of Cold War rivalry. A military observer group, UNMOGIP, was posted to the region [4].

Limits and the current position

• The ceasefire line of 1949 was not a final border.
• The Simla Agreement (1972) turned it into the Line of Control (LoC). The LoC is a line of military control, not an agreed international border.
• Simla also made the dispute bilateral, meaning it is for India and Pakistan alone to settle, without outside mediators.

In the Constitution and practice

• Legal basis of India's claim: the Instrument of Accession (26 October 1947) covered the whole princely state. That includes the areas Pakistan later occupied [7].
• Parliament's resolution of 22 February 1994:
• It was adopted unanimously, with every member in support [5].
• It said the entire State of J&K is an integral part of India and that Pakistan holds part of it by forcible occupation [5][6].

• It sought a settlement for the whole of the former princely State, not just the part India holds [6].

• 1963 cession: India rejects the China–Pakistan "Boundary Agreement" of 2 March 1963, under which 5,180 sq km was handed to China [8].

• CPEC:
• India objects to the China–Pakistan Economic Corridor.
• The reason is that it runs through Gilgit-Baltistan, which is Indian territory.

• India sees the project as a challenge to its sovereignty, meaning its supreme right to govern its own territory.

• Lasting effect:

• The 1947-48 war left J&K divided along the ceasefire line, which later became the LoC.
• That division remains the core of the India–Pakistan dispute.

Don't confuse with

• Line of Control (LoC): the LoC is the line that separates PoJK from the part India holds. It was created by the Simla Agreement (1972) from the 1949 ceasefire line. PoJK is the territory on the other side of that line.
• Shaksgam valley: it was once part of PoK, but Pakistan handed it to China in 1963 (5,180 sq km) [8]. It is now held by China, not Pakistan.
• UNSC Resolution 39 vs Resolution 47: Resolution 39 (January 1948) set up UNCIP, the UN Commission for India and Pakistan. Resolution 47 (April 1948) enlarged UNCIP and laid down the withdrawal–reduction–plebiscite sequence [4][2].
• Kashmir valley: the valley is the region India holds, where Indian troops drove the raiders out in 1947. PoJK is the area that stayed under Pakistan's control after the ceasefire.

Prelims Hooks

• The ceasefire in J&K took effect on 1 January 1949. The area left under Pakistan's control is PoJK.
• PoJK includes Gilgit-Baltistan. India opposes CPEC because it passes through Gilgit-Baltistan.
• Parliament's unanimous resolution that all of J&K, including PoJK, is Indian territory was passed on 22 February 1994 [5].
• On 2 March 1963, Pakistan illegally ceded 5,180 sq km (the Shaksgam valley) to China [8].
• UNSC Resolution 47 (21 April 1948, 11-0) set this order: Pakistan withdraws first, then India reduces its forces, then a plebiscite is held. Trap: the plebiscite failed because Pakistan never carried out step 1 [2].
• Simla Agreement (1972) turned the ceasefire line into the LoC and made the dispute bilateral.

Mains Points

• Why the plebiscite argument is weak (GS-I/GS-II):
• Resolution 47 made the plebiscite depend on Pakistan withdrawing first. Pakistan never withdrew [2].
• Pakistan then ceded land to China in 1963 and allowed CPEC through Gilgit-Baltistan [8].

• These steps weaken Pakistan's moral and legal claim. They support India's bilateral, Simla-based approach.

• Sovereignty versus regional connectivity:

• India opposes CPEC because it runs through Indian territory without India's consent.
• India's position rests on the Instrument of Accession and the 1994 resolution [5].

• In answers, contrast "development projects" with the basic principle of territorial integrity, meaning a country's right to keep all its land whole.

• A settlement for the whole state:

• The 1994 resolution seeks a settlement for the entire former princely State, not just the part India holds [6].
• Any lasting solution must therefore address PoJK as well as the Indian side. This includes the alienation caused by weak democratic institutions on the Indian side of the LoC.

Related concepts

• Kashmiriyat
• National Conference
• Accession of Jammu and Kashmir
• Delhi Agreement 1952

Read more

• Jammu and Kashmir I: roots of the problem and accession (1947-53)