Indo-Pakistani War of 1947
The irregular Pakistani tribals made rapid advances into North Kashmir
(Baramulla sector). Maharaja Hari Singh asked the Government of India
to intervene and halt this independence movement. However, the Government
of India pointed out that India and Pakistan had signed an agreement of
non-intervention (maintenance of the "status quo") in Jammu
and Kashmir; and although tribal freedom-fighters from Pakistan had entered
Jammu and Kashmir, there was, until then, no iron-clad legal evidence
to unequivocally prove that the Government of Pakistan was officially
involved, so it would be illegal for India to unilaterally intervene (in
an open, official capacity) unless Jammu and Kashmir officially joined
the Union of India, at which point it would be possible for send in its
forces and occupy the remaining parts. Thus the government pressured the
maharajah to accede to India.
The Maharaja would have preferred to stay independent to maintain his power and influence, but desperately needed Indian military's help to protect his power. Before the arrival of Pakistani tribal invaders and Pakistani irregulars into Srinagar, Maharaja Hari Singh completed negotiations for acceding Jammu and Kashmir to India and receiving military aid in return. The agreement which ceded Jammu and Kashmir to India was signed by the Maharaja and Lord Mountbatten.[1] Original Accession Document
Pakistan claims that the Maharaja acted under duress, and that the accession of Kashmir to India is invalidated by a previous agreement between India and Pakistan, to maintain the "status quo". India counters that the invasion of Kashmir by tribals, aided and instigated by Islamabad, and reinforced by the Pakistani military, had rendered the agreement null and void. India also believes that the accession of Jammu and Kashmir to India was not just the decision of the ruler Hari Singh, but reflected the popular will of the people living in Jammu and Kashmir at that time. This is because Sheikh Abdullah, a prominent muslim and the leader of the popular political party of Kashmir, the National Conference favoured Kashmir joining India.
The resulting war, the First Kashmir War, lasted until 1948, when India moved the issue to United Nations to ask Pakistan to vacate the occupied Kashmir. The United Nations imposed a cease-fire, and mandated a plebiscite among the entire Kashmiri population, subject to the withdrawal of all Pakistani forces, regular and irregular, and the plebiscite to be held under impartial observers. Indian governments never held this plebiscite.
Aftermath of war:
The Treaty of Accession signed by Maharaja Hari Singh and his heir, the Sardar-e-Riyasat K. Singh Dogra, was ratified by the popular parliament of the kingdom, dominated by the popular political party of Kashmir, the National Conference led by Sheikh Abdullah. The Indian Government negotiated an autonomous status for the kingdom, and it was the only Indian province permitted to retain its own constitution, flag, anthem, etc.
Pakistan still asks for a plebiscite in Kashmir under the UN. However, India is no longer willing to allow a plebiscite as it claims that the situation has changed. A majority of the Hindu Brahmins who once lived in Kashmir were forced to move out due to terrorist activities. On the other hand Pakistan or China are not willing to return areas occupied by them (mentioned as one of the conditions at the UN).
The ceasefire line is known as the Line of Control (dotted line) and is the pseudo-border between India and Pakistan in most of the Kashmir region.
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