India and the world · GS Paper II
What did the Simla Agreement commit India and Pakistan to?
Signed at Simla on 2 July 1972, after the war of 1971, the agreement is still cited by India's government when it speaks about Pakistan. Here is what its text actually says, what it left open, and the agreements on either side of it.
Short answer
To settle their differences “by peaceful means through bilateral negotiations or by any other peaceful means mutually agreed upon between them”, and, in Jammu and Kashmir, to respect the line of control resulting from the cease-fire of 17 December 1971 “without prejudice to the recognised position of either side”, with neither altering it unilaterally. Signed on 2 July 1972, it left a final settlement of Jammu and Kashmir to later talks. The Lahore Declaration of 1999 recommitted both countries to it “in letter and spirit”.
Contents
Terms used in this essay
- Cease-fire line
- The line where the armies stopped when fighting ended, agreed between them. In Jammu and Kashmir, first drawn in 1949.
- Line of control
- The line in Jammu and Kashmir resulting from the cease-fire of 17 December 1971, which the Simla Agreement says both sides shall respect.
- Bilateral
- Between the two countries alone, without a third party.
- UNCIP
- The United Nations Commission for India and Pakistan, under which the 1949 cease-fire line was agreed.
- UNMOGIP
- The United Nations Military Observer Group in India and Pakistan, which grew from the observers of 1949.
- Ratification
- A state's formal approval of an agreement it has signed, by its own constitutional process.
The Simla Agreement was signed on 2 July 1972 by the Prime Minister of India and the President of Pakistan, Indira Gandhi and Zulfikar Ali Bhutto, at Simla, six months after the cease-fire of 17 December 1971 ended the war. India's government still cites it when it speaks about Pakistan. Its text is short, and it is worth reading for what it says rather than for what is said about it.
What came before Simla?
Two earlier texts. The Karachi Agreement of 27 July 1949 was reached by military representatives of the two countries, meeting in Karachi from 18 to 27 July under the UN Commission for India and Pakistan. It fixed a cease-fire line in Jammu and Kashmir, running from Manawar in the south to Keran and on to the glacier area, and was ratified by India on 29 July and Pakistan on 30 July. The UN military observers who watched that line became the UN Military Observer Group in India and Pakistan.
After the war of 1965, the Tashkent Declaration of 10 January 1966, signed by Lal Bahadur Shastri and Ayub Khan, withdrew both armies to the positions they held before August 1965. On Kashmir it recorded only that “Kashmir was discussed, and each of the sides set forth its respective position.”
What does the agreement say?
That the two countries will settle their disputes between themselves, and peacefully. Its first paragraph sets out the principles that are to govern their relations, beginning with the principles and purposes of the Charter of the United Nations. The second reads: the two countries “are resolved to settle their differences by peaceful means through bilateral negotiations or by any other peaceful means mutually agreed upon between them.”
It adds a rule for the meantime: “Pending the final settlement of any of the problems between the two countries, neither side shall unilaterally alter the situation”.
What does it say about Jammu and Kashmir?
That a new line replaces the old one, for now. Paragraph 4(ii) reads: “In Jammu and Kashmir, the line of control resulting from the cease-fire of December 17, 1971 shall be respected by both sides without prejudice to the recognised position of either side.” It goes on to bar either side from altering the line unilaterally, and from the threat or use of force in violation of it.
“Without prejudice to the recognised position of either side” is the phrase that held the agreement together: each country keeps its legal position on Jammu and Kashmir, and both agree to respect the line on the ground.
What did it leave open?
The largest questions. Paragraph 6 provides that the heads of the two governments will meet again, and that their representatives will meanwhile discuss the arrangements for a durable peace, “including the questions of repatriation of prisoners of war and civilian internees, a final settlement of Jammu and Kashmir and the resumption of diplomatic relations.”
The agreement was subject to ratification by both countries, and was to come into force from the date on which the instruments of ratification were exchanged. The prisoners were dealt with in a further agreement, signed in New Delhi on 9 April 1974. A final settlement of Jammu and Kashmir has not followed.
What did the Lahore Declaration add?
A recommitment, and nuclear risk reduction. Signed by Atal Bihari Vajpayee and Nawaz Sharif on 21 February 1999, the declaration records both countries' determination to implement “the Simla Agreement in letter and spirit”, and says the two governments “shall intensify their efforts to resolve all issues, including the issue of Jammu and Kashmir.” It also commits them to steps to reduce the risk of the accidental or unauthorised use of nuclear weapons, set out in a memorandum of understanding signed the same day.
How does India cite it today?
As the reason issues between the two countries are for the two countries alone. The Ministry of External Affairs' bilateral brief of February 2020 states that issues between India and Pakistan should be resolved bilaterally and peacefully, in an atmosphere free of terror and violence. Its annual report for 1999–2000 put the same position more sharply: there is no place for third-party mediation. The UN Secretary-General, in August 2019, also cited the Simla Agreement, for the point that the final status of Jammu and Kashmir is to be settled by peaceful means in accordance with the UN Charter.
This essay keeps to the texts and to India's official statements, and takes no position on the dispute itself.
Using this in GS Paper II and PSIR
Quote the paragraph numbers and the dates. Try these:
- GS Paper II, 250 words. “The Simla Agreement remains the foundation of India's approach to Pakistan.” Examine with reference to its text and the Lahore Declaration.
- PSIR Paper II, 10 marks. Explain the significance of the phrase “without prejudice to the recognised position of either side” in the Simla Agreement.
- Prelims-style. The line of control in Jammu and Kashmir, as the Simla Agreement names it, resulted from the cease-fire of which date? (17 December 1971.)
An outline for the first.
- Before Simla: the cease-fire line of 1949 (Karachi) and the Tashkent Declaration (1966).
- The text: bilateral, peaceful settlement (paragraph 1(ii)); no unilateral change pending settlement.
- Jammu and Kashmir: the line of control, “without prejudice to the recognised position of either side” (4(ii)).
- What it left open (paragraph 6), and what Lahore (1999) added.
- India's position today, from MEA: bilateral and peaceful, no third-party mediation.
Practise: GS Paper II mock tests · Read: Why has India never signed the NPT? · Exam: UPSC Civil Services
Sources
- The Simla Agreement, 2 July 1972 (“Agreement on Bilateral Relations between the Government of India and the Government of Pakistan”), paragraphs 1, 4 and 6 and the ratification clause: text, UN Peacemaker.
- The Karachi Agreement, 27 July 1949: text, UN Peacemaker (S/AC.12/TC.4); Ministry of External Affairs.
- The Tashkent Declaration, 10 January 1966: UN Treaty Series, vol. 560, no. 8166.
- The repatriation agreement, New Delhi, 9 April 1974: text, UN Peacemaker.
- The Lahore Declaration, 21 February 1999: text, UN Peacemaker.
- India's position: Ministry of External Affairs, bilateral brief, February 2020; MEA Annual Report 1999–2000.
- The UN Secretary-General's statement of 8 August 2019: UN press release SG/SM/19696.