The
Kashmir Dispute, as recorded in the UN documents, involves the principle of the right of self-determination, which was basic
both to the principle of Partition and the Charter of the United Nations. According to the 1970 Declaration of the UN General
Assembly, the term ‘self-determination’ means ‘the right of all peoples to freely determine their political
status.’ The Kashmir dispute basically involves three parties. Pakistan and India
are the two main parties according to the UN resolutions. The third and main party to the dispute are the Kashmiris, whose
right of self-determination has been recognized in UN resolutions. Pakistan and India,
on their own cannot decide the future of the Kashmiris. The commitment to enable the Kashmiris to decide about their future
was not only made by India when it accepted the conditional so-called ‘Instrument
of Accession’, but was also explicitly admitted in India’s complaint before the UN Security Council in January 1948.
The UN Security Council resolutions of August 13, 1948, and January
5, 1949, clearly laid down that ‘the
question of the accession of the State of Jammu and Kashmir
to India or Pakistan will be decided through the democratic method of a free and impartial plebiscite.’