British Foreign Office records, including minutes of discussions approved by Secretary of State for Foreign Affairs Ernest Bevin, substantiate this assessment. For instance, a Foreign Office minute prepared for Prime Minister Clement Attlee said, “The Foreign Secretary has expressed anxiety lest we should appear to be siding with India in the dispute between India and Pakistan over Kashmir which is now before the United Nations Security Council. With the situation as critical as it is in Palestine, Mr Bevin feels that we must be very careful to guard against the danger of aligning the whole of Islam against us, which might be the case were Pakistan to obtain a false impression of our attitude in the Security Council.” If six decades ago the Attlee Cabinet was keen to appease Islamists by short-changing India on Jammu & Kashmir, Mr Barack Hussein Obama’s Administration may be tempted to do something similar to establish its credentials in the Islamic world since it won’t dare to push around Israel.
Interestingly, Louis Mountbatten, who had played no small role in steering the Jammu & Kashmir issue to the Security Council, found the British Foreign Office policy harmful to larger Commonwealth interests. In one of his reports he recorded: “Everybody here (in India) is now convinced that power politics and not impartiality are governing the attitude of the Security Council... Indian leaders counter this (attempts to dispel this conviction) by saying that the Anglo-American Bloc apparently attaches so high a value on the maintenance of Muslim solidarity in the Middle-East that they are even ready to pay the price of driving India out of the Commonwealth into the arms of Russia...”.
Not known for being tolerant of Indian sensitivities, Philip Noel-Baker, the Secretary of State for Commonwealth Relations, was easily persuaded by Bevin’s perspective and he took it upon himself to pro-actively lobby with the US and non-permanent Security Council members to toe a pro-Pakistan line in enforcing a solution to the Jammu & Kashmir issue through a UN-sponsored plebiscite. Noel-Baker had his way with Resolution 39 adopted by the Security Council on January 20, 1948, on the setting up of a three-member UN Commission for India and Pakistan which would visit the two countries, study the ground situation, and report back to the Security Council.
Noel-Baker followed this up by aggressively pushing a draft resolution that was crafted in a manner to favour Pakistan. The US representative was initially hesitant to go along with Noel-Baker’s draft, but was soon won over. Surprisingly, at this stage the Chinese representative came up with an alternative draft that was comparatively more balanced. In a change of tactics, necessitated by his being reprimanded by Attlee who feared ‘irreparable damage’ to relations with India, Noel-Baker seized upon this draft and cunningly had it amended to such an extent that it bore no resemblance with the original draft; the Noel-Baker version of the Chinese draft came to be adopted as Resolution 47 by the Security Council on April 21, 1948.
Resolution 47 set out the terms of reference in two parts. Part One increased the number of members of the UNCIP from three to five (Noel-Baker believed that a larger team would enable a report more in tune with his perspective) and instructed the UNCIP to “proceed at once” in order to “place its good offices and mediation” at the disposal of India and Pakistan with the twin goals of restoring peace and order and holding a plebiscite. Part Two comprised the Security Council’s recommendations to India and Pakistan for achieving these goals:
i. Pakistan should “use its best endeavours” to secure the withdrawal of the raiders (tribesmen and other Pakistani nationals) from Jammu & Kashmir;
ii. India should withdraw its forces and reduce them to the minimum level required for the maintenance of law and order; and,
iii. UNCIP might employ troops of either dominion “subject to the agreement of both the Government of India and the Government of Pakistan”.
Pakistan rejected Resolution 47, demanding an amendment that the deployment of Pakistani troops should not be subject to the agreement of the Government of India. The amendment was defeated. India rejected the Resolution on the ground that it was weighed in favour of Pakistan and that it skirted the main issue as contained in India’s reference to the Security Council — that of vacating the Pakistani aggression. India also pointed out that the Security Council had failed to issue a clear call to Pakistan to withdraw the raiders before going into the plebiscite arrangements. However, both India and Pakistan accepted the setting up of the UNCIP and agreed to receive the Commission.
The UNCIP visited India and Pakistan in July 1948. By May 1948, the ground situation had undergone a radical material change with Pakistani Army regulars being deployed in the occupied areas of Jammu & Kashmir. Zafarullah Khan admitted to the UNCIP that Pakistani Army regulars had been deployed since May 1948. This was seen by the UNCIP as a violation of earlier Security Council Resolutions that had insisted on there being no material change in the ground situation.
The UNCIP’s findings and its subsequent Resolutions (of August 13, 1949, and January 5, 1948) were not influenced by Noel-Baker primarily because there was no British representative in the commission. Also, by then India had launched a diplomatic offensive as well as demonstrated its determination to force out the Pakistani invaders militarily. Therefore, the UNCIP reports and Resolutions, unlike the Security Council’s Resolution 47, did not reflect a deliberate pro-Pakistan tilt; recognised that the entry of Pakistani Army into Jammu & Kashmir was a violation of Security Council Resolution 38; demanded that Pakistan must withdraw its forces from Jammu & Kashmir since their presence constituted a “material change in the situation”; and, conceded primacy to a ceasefire based on withdrawal of the invaders.
The rest is history.