India, Pakistan and the Gilgit-Baltistan dispute

An analysis of the Gilgit-Baltistan issue, from the perspective of South Asian history of the 20th century

 India, Pakistan and the Gilgit-Baltistan dispute

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• The story: Pakistan’s Law and Justice Ministry finalised a draft legislation to incorporate Gilgit-Baltistan, the region known before 2009 as Northern Areas, as a "province" of the country. India has always asserted that Gilgit-Baltistan is an integral part of India.
• Details: It is claimed by virtue of the legal, complete and irrevocable accession of Jammu & Kashmir to the Union of India in 1947. The area’s strategic importance for India has particularly increased in light of the China-Pakistan Economic Corridor (CPEC) agreement. Under the CPEC, China is investing to develop the Gilgit-Baltistan area as part of its Belt and Road Initiative (BRI). Pakistan’s decision seems to under pressure from China to make clear the Gilgit-Baltistan’s status so that it does not undermine the legality of its CPEC projects there.
• Start of the dispute: Gilgit was originally a part of the princely state of Jammu & Kashmir, but was ruled directly by the British.

1. When Raja Hari Singh (the Hindu ruler of the Muslim-majority J&K state) acceded to India in October, 1947, the Gilgit Scouts rose in rebellion, led by their British commander. They also moved to take over Baltistan, which was then part of Ladakh, and captured Skardu, Kargil and Dras.
2. In battles thereafter, Indian forces retook Kargil and Dras in August 1948. Before that, in November, 1947, a political outfit called the Revolutionary Council of Gilgit-Baltistan had proclaimed the independent state of Gilgit-Baltistan. It also declared it was acceding to Pakistan.
3. Pakistan accepted the accession only to the extent of full administrative control, and chose to govern it directly under the Frontier Crimes Regulation, a law devised by the British to keep control of the restive tribal areas of the northwest.
4. After the India-Pakistan ceasefire of January, 1949, Pakistan entered into an agreement with the “provisional government” of “Azad Jammu & Kashmir” to take over its defence and foreign affairs.
5. The so-called AJK covers the parts that had been occupied by Pakistani troops and irregulars. Under this agreement, the “AJK” government also ceded the administration of Gilgit-Baltistan to Pakistan.

• How GB area is different: In 1974, Pakistan adopted its first full-fledged civilian Constitution, which lists four provinces - Punjab, Sindh, Balochistan, Khyber Pakthunkhwa. The Pakistan-Occupied Kashmir (PoK) and Gilgit-Baltistan were not incorporated as provinces. This was because Pakistan wanted the resolution of the Kashmir issue to be in accordance with UN resolutions that called for a plebiscite.

1. In 1975, PoK got its own Constitution, making it aself-governed autonomous territory and the people having rights and freedoms. But Northern Areas continued to be administered directly by Islamabad (the Frontier Crimes Regulation was discontinued in 1997 but repealed only in 2018).
2. The people of the minority Shia-dominated ‘Northern Areas’ did not have any political representation. They were considered Pakistani, but remained outside the ambit of constitutional protections available to those in other provinces and PoK.

• Administrative arrangements: In the 2000s, Pakistan began considering changes to its administrative arrangements in the Northern Areas. The post-9/11 dynamics of the region and increasing Chinese strategic moves necessitated this. In 2009, Pakistan brought in the Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009. It replaced the Northern Areas Legislative Council (NALC) with the Legislative Assembly and the Northern Areas got back the name of Gilgit-Baltistan.
• Latest update: A draft legislation for making Gilgit-Baltistan a province was finalised as the 26th Constitutional Amendment Bill of Pakistan. Given its status as part of the unresolved Kashmir issue, Gilgit-Baltistan is expected to be given provisional provincial status. A separate set of amendments would be introduced to give Gilgit-Baltistan representation in Pakistan’s parliament, besides establishment of the Assembly.

 

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