I understand that you are composing the second part of your response, but I need to point out a couple of critical mistakes in your first part before you build upon them in the second and third.
First, I have not claimed that UNSCR 47 is the 'end all' of the UNSC Resolutions on Kashmir. In fact, in prior debates I have referenced UNSCR's passed after 47 far more, since they strengthen the Pakistani position further.
Second, the text of the UNSCR 47 that I highlighted is clear - it references ONLY verification of start of the withdrawal of the tribesmen as a fulfilment of the unilateral requirements placed upon Pakistan, at which point the requirement for India to agree to a plan of withdrawal with the appointed UN Commission has to take place. If the requirement was to 'verify the start of the withdrawal of both tribesmen AND Pakistani Nationals', the language would have mirrored the first paragraph. In addition, the initial reference to 'Pakistan agrees to withdraw its forces' is an acceptance of the principle taht, it is not a time-bound requirement from the UNSC nor is it a time-bound commitment from Pakistan.
Pakistan started and finished the withdrawal of tribesmen, but India never agreed to the various UN Commission and UN rappeurteur proposals on establishing a plan of withdrawal of Indian forces in J&K. The obstructionism and failure to proceed with implementation of the remaining requirements is therefore the responsibility of India.
You are right about the dissonance between 1A and 2A insofar that the words Pakistani Nationals is present in the former but not the latter.
Which brings us to the second part: the United Nations Commission for India and Pakistan resolution dated 13 August 1948. Let me point out that there are several other UN resolutions in this regard, as well as the UN proposals that you have rightly mentioned. The reason I am dealing with this particular resolution is that a) India claims it is the most important resolution as it circumscribes what was vaguely stated in R47 in actual terms, and b) I am yet to find anything in the other resolutions that are responsible for the schism in positions that exist today.
I will deal with the UN Commission resolution dated 13 August 1948 in chronological order. I hope you are able to appreciate my point. The chronological order is important because
we cannot simply pick whatever part we feel like to suit our convenience. Each part is conditional upon the implementation of the part preceding it. I guess the UNSC understood us quite well, which is why it mentioned even this basic norm of interpretation within the resolution itself.
Part I is the ceasefire order. Without that, none of the subsequent parts would apply. Both parties implemented that.
Part II deals with the framework within which a valid truce agreement was to be worked out. This is the most important part of the resolution, by the way. IIA1 states that, and I quote "
As the presence of troops of Pakistan in the territory of the State of Jammu and Kashmir constitutes a material change in the situation since it was represented by the Government of Pakistan before the Security Council, the Government of Pakistan agrees to withdraw its troops from that State." Notice, it does not say Pakistan is supposed to withdraw its troops from wherever it wants while maintaining positions in whichever part of Kashmir it fancies as its own.
It calls for withdrawal from all of J&K.
Secondly, the words Pakistani Nationals that you rightly said were omitted in 2A is now back in. IIA2 states, and I quote “
The Government of Pakistan will use its best endeavour to secure the withdrawal from the State of Jammu and Kashmir of tribesmen and Pakistani nationals not normally resident therein who have entered the State for the purpose of fighting.” It is obvious that the UN had stopped buying our version by then.
Now the important part: IIB1 states, I quote “
When the commission shall have notified the Government of India that the tribesmen and Pakistani nationals referred to in Part II, A, 2, hereof have withdrawn, thereby terminating the situation which was represented by the Government of India to the Security Council as having occasioned the presence of Indian forces in the State of Jammu and Kashmir, and further, that the Pakistani forces are being withdrawn from the State of Jammu and Kashmir, the Government of India agrees to begin to withdraw the bulk of its forces from that State in stages to be agreed upon with the Commission.” The game had totally changed. There is now an unambiguous requirement on Pakistan’s part to totally withdraw militarily from J&K as a condition precedent for India to act.
Pakistan has not withdrawn to this date.
Part III is a watered down re-iteration from R47: "
The Government of India and the Government of Pakistan reaffirm their wish that the future status of the State of Jammu and Kashmir shall be determined in accordance with the will of the people and to that end, upon acceptance of the truce agreement, both Governments agree to enter into consultations with the Commission to determine fair and equitable conditions whereby such free expression will be assured." Once again, it is all contingent upon Pakistan withdrawing. Also, note the change in tone - this is a consistent feature throughout. Upon realizing that Pakistan is not going to withdraw and India is not going to act on the plebiscite, the UN is trying to get out of the situation by obfuscating an earlier, clearer position.
I must add here, though, that the resolutions themselves are very poorly drafted. No self-respecting lawyer would allow such inconsistencies, revisions and open-ended language to subsist, especially when the stakes are so high. But then how would they know at that time how high the stakes would eventually become?