(*Daya Sagar Author is a social activist and a senior coloumnist on Kashmir affairs)
A look through the mist
A look through the mist
26th October 1947
Princely State of J&K Accedes to Indian Dominion
(In the nineteenth century Maharaja Gulab Singh of Jammu & Kashmir extended the Geographical boundaries of India to the other side of Himalayas. Maharaja’s forces even routed the Tibetian army. Raja Gulab Singh’s General Jorawar Singh had followed the route through Kishtwar in 1930s since at that time Kashmir valley was not governed by Gulab Singh.
Even Muzafarabad was not part of Kashmir Valley before 1846 and it was with Jammu Ran under Gulab Singh The State of J&K as was ruled and administered by Maharaja Hari Singh was larger than the princely state of Hydrabad .
J&K was two thirds of the size of Bombay Presidency and was larger than the States of Mysore, Bikaner, Gwaliar and Baroda put together. The territories of the Maharaja of J&K included valleys formed by the Chenab and Jhelum rivers and the middle reaches of the Indus. Maharaja Hari Singh acceded to Dominion of India on 26 Oct 1947 under a legitimate instrument of accession. Lord Mount Batten Governor General of India did address a letter to Hari Singh that is being used by some separatist elements to call the acceptance of Accession as conditional. Nehru failed to completely motivate Sheikh Mohd Abdullah politically after the prince transferred the power to the people. Hence J&K continuously remained disturbed politically. Hardly any leader worked treating J&K affairs outside personal political gains.
Some mainstream leaders in J&K have this day even suggested joint control of India and Pakistan over J&K. Such acts can be surely seen as attempts to negate the October 1947 accession of J&K with Dominion of India. Inter regional divides too are emerging in J&K and there is utmost need to remedy the local doubts and grievances. Need has hence arisen for early settlements and cooling down of the tempers of even those who have never talked against Indian nationality but have surely complained of a local region based neglect. Such issues may cause more disturbing stresses and strains than even what the militancy has caused.. Ofcourse all these years Farooq Abdullah has so far , atleast, firmly held to the irrevocable doctrine of 1947 Accession of J&K with Indian Dominion ).
The text of Instrument of Accession executed by Maharaja Hari Singh was the same as was signed by other rulers of the princely States. Similarly, the acceptance of the Instrument of Accession by the Governor General was also identical in respect of all such instruments. He was to write, "I do hereby accept the Instrument of Accession." It could not be conditional as a mere acceptance by the Governor General was complete and final.
A close look at the Instrument Accession that Maharaja Hari Singh of Jammu & Kashmir signed on 26 October 1947 and as was accepted by Governor General of India , Lord Mountbatten of Burma, on behalf of Government of Indian Dominion on 27th October 1947 would reveal that very vital questions remain still unanswered as regards the manner in which Government of India disposed of the Instrument of accession as was sent by Maharaja Hari Singh through Mr. V. P. Menon. (a Secretary in States Ministry GOI) .The questions should agitate the reasoning minds for a better understanding so that a widely acceptable thought could be made to emerge to settle the confusions as created over the years in the innocent minds of subjects of Jammu & Kashmir in general and those from Kashmir Valley in particular.
I would refer to some specific portions of the Instrument of Accession of J&K with India that was signed by Maharaja Hari Singh of Jammu & Kashmir on 26 Oct 1947.
The instrument said : I quote contents of the Instrument of Accession where it says that
The instrument said : I quote contents of the Instrument of Accession where it says that
“ Where as the Indian Independence Act , 1947, provides that as from the fifteenth day of August 1947 there shall be set up an Independent Dominion known as India, and that the Government of India Act of 1935 , shall, with such omissions , additions, adaptations and modifications as the Governor - General may by order specify be applicable to the Dominion of India. And where as the Government of India Act’1935, as so adapted by the Governor General, provides that an Indian State may accede to Dominion of India by an Instrument of Accession executed by the Ruler thereof : Now therefore,
I, Shriman Indar Mahandar Rajrajeshwar Maharajadiraj Shri Hari Singhji, Jammu and Kashmir Naresh Tatha Tibbet adi Deshadhipati, Ruler of Jammu & Kashmir State in the exercise of my sovereignty in and over my said State do hereby execute this my Instrument of Accession and ……
3... I accept the matters specified in the schedule thereto as the matters with respect to which the Dominion Legislature can make laws for this State…
5.. The terms of this my Instrument of Accession shall not be varied by any amendment of the Act or of the Indian Independence Act ,1947 , unless such amendment is accepted by me , an Instrument supplementary to this Instrument…
8.…I hereby declare that I execute this Instrument on behalf of this State and that any reference in this Instrument to me or to the Ruler of the State is to be construed as including a reference to my heirs and successors” need to be observed for the purpose. . And Lord Mounbatten of Burma, the then Governor General of India signed the acceptance on 27 October 1947 as ……… “ I do hereby accept this Instrument of Accession dated this 27th day of October , nineteen hundred and forty seven”.
I, Shriman Indar Mahandar Rajrajeshwar Maharajadiraj Shri Hari Singhji, Jammu and Kashmir Naresh Tatha Tibbet adi Deshadhipati, Ruler of Jammu & Kashmir State in the exercise of my sovereignty in and over my said State do hereby execute this my Instrument of Accession and ……
3... I accept the matters specified in the schedule thereto as the matters with respect to which the Dominion Legislature can make laws for this State…
5.. The terms of this my Instrument of Accession shall not be varied by any amendment of the Act or of the Indian Independence Act ,1947 , unless such amendment is accepted by me , an Instrument supplementary to this Instrument…
8.…I hereby declare that I execute this Instrument on behalf of this State and that any reference in this Instrument to me or to the Ruler of the State is to be construed as including a reference to my heirs and successors” need to be observed for the purpose. . And Lord Mounbatten of Burma, the then Governor General of India signed the acceptance on 27 October 1947 as ……… “ I do hereby accept this Instrument of Accession dated this 27th day of October , nineteen hundred and forty seven”.
The Instrument of Accession signed by Maharaja was covered with a letter of circumstances & reasons and so was the acceptance of the Instrument of accession .Maharaja Hari Singh did try to explain the reasons in his letter dated 26 October 1947 addressed to Mountbatten Governor General of India ( GGOI ) for not signing the Instrument of Accession with either Dominion by 14-08-1947.
No doubt Maharaja of J&K as per the Indian Independence Act1947 and Government of India Act 1935 was the only authority to take a decision regarding a State of British Empire that was outside British India and make any observations on the circumstances as prevailed around him while taking a decision regarding accession to any of the dominion or otherwise relationships.
No doubt Maharaja of J&K as per the Indian Independence Act1947 and Government of India Act 1935 was the only authority to take a decision regarding a State of British Empire that was outside British India and make any observations on the circumstances as prevailed around him while taking a decision regarding accession to any of the dominion or otherwise relationships.
Maharaja in his letter said, I quote a;“ I have to inform your Excellency that a grave emergency has arisen in my State and request the immediate assistance of your Government. As your Excellency is aware , the State of Jammu & Kashmir has not acceded to either of the Dominion of India or Pakistan. Geographically my State is contiguous with both of them. Besides, my State has a common boundary with Union of Soviet Socialist Republics and with China.
In their external relations the Dominions of India and Pakistan can not ignore this fact .” The Maharaja further said, “ I wanted to take time to decide to which Dominion I should accede or whether it is not in the best interests of both the dominions and of State to stand Independent, ofcourse with friendly and cordial relations with both……The mass infiltration of tribesmen drawn from distant areas of North West Frontier Province, coming regularly in motor trucks, using the Mansehra-Muzaffarabad road and fully armed with up-to-date weapons, cannot possibly be done without the knowledge of the Provincial Government of North West Frontier Province and the Government of Pakistan.
Inspite of repeated appeals made by my Government no attempt has been made to check these raiders or to stop them from coming into my State. In fact, both radio and press of Pakistan have reported these occurrences . Pakistan radio even put the story that a provisional government has been set up in Kashmir”….Regarding his people the Maharaja said, I quote :“ The people of my State, both Muslims and non Muslims , general have taken no part at all…… “.
With the conditions obtaining at present in my State and the great emergency of the situation as it exists, I have no option but to ask for help from India Dominion……. Naturally they can not send the help asked for by me without my State acceding to the Dominion of India. I have accordingly decided to do so and I attach the Instrument of Accession for acceptance by your Government.” …” I may Inform your Excellency’s Government that it is my intention to at once set up an interim government and ask Sheikh Abdullah to carry the responsibilities in this emergency with my Prime Minister. “
In their external relations the Dominions of India and Pakistan can not ignore this fact .” The Maharaja further said, “ I wanted to take time to decide to which Dominion I should accede or whether it is not in the best interests of both the dominions and of State to stand Independent, ofcourse with friendly and cordial relations with both……The mass infiltration of tribesmen drawn from distant areas of North West Frontier Province, coming regularly in motor trucks, using the Mansehra-Muzaffarabad road and fully armed with up-to-date weapons, cannot possibly be done without the knowledge of the Provincial Government of North West Frontier Province and the Government of Pakistan.
Inspite of repeated appeals made by my Government no attempt has been made to check these raiders or to stop them from coming into my State. In fact, both radio and press of Pakistan have reported these occurrences . Pakistan radio even put the story that a provisional government has been set up in Kashmir”….Regarding his people the Maharaja said, I quote :“ The people of my State, both Muslims and non Muslims , general have taken no part at all…… “.
With the conditions obtaining at present in my State and the great emergency of the situation as it exists, I have no option but to ask for help from India Dominion……. Naturally they can not send the help asked for by me without my State acceding to the Dominion of India. I have accordingly decided to do so and I attach the Instrument of Accession for acceptance by your Government.” …” I may Inform your Excellency’s Government that it is my intention to at once set up an interim government and ask Sheikh Abdullah to carry the responsibilities in this emergency with my Prime Minister. “
Lord Mountbatten also wrote a letter dated dated 27 Oct 1947 to Hari Singh acknowledging the Instrument of Accession as signed by Hari Singh on 26 Oct 1947. this letter surely has left some vital questions unanswered. Even Jawahar Lal Nehru’s then Cabinet could be questioned for the same , I would say even Vallab Bhai Patel could be . The core of the letter is reproduced here for those who would like to join the discussion initiated by me.
Lord Montbatten said, I quote : “Your Highness’s letter dated 26 Oct 1947 has been delivered to me by Mr. V.P.Menon. In the circumstances mentioned by your Highness, my Government have decided to accept the accession of Kashmir State to the Dominion of India. In consistent with their policy that in the case of any State where the issue of accession has been the subject of dispute, the question of accession should be decided in accordance with the wishes of the people of the State, it is my Government’s wish that, as soon as the law and order have been restored in Kashmir and its soil cleared of the invader, the question of State’s accession should be settled by a reference to the people.
Meanwhile, in response to Your Highness’s appeal for military aid, action has been taken today to send troops of Indian Army to Kashmir, to help your own forces to defend your territory and to protect the lives, property and honour of your people. My Government and I note with satisfaction that Your Highness has decided to invite Sheikh Abdullah to from an interim Government to work with your Prime Minister.”
Meanwhile, in response to Your Highness’s appeal for military aid, action has been taken today to send troops of Indian Army to Kashmir, to help your own forces to defend your territory and to protect the lives, property and honour of your people. My Government and I note with satisfaction that Your Highness has decided to invite Sheikh Abdullah to from an interim Government to work with your Prime Minister.”
It is a point here:
It is worth noting here that the letter from Mountbatten was dated 27 -10-1947 and by then neither the Maharaja nor Government of India had gone to UN / UN Security Council . India had made a complaint against Pakistan in Security Council on 1-1-1948. And so strangely on the on set itself Lord Mountbatten Governor General of India did not accept the instrument of Accession dated 26-10-1947 as signed by Hari Singh in full and Lord Mountbatten on behalf of his Government laid down the condition of final settlement of the Accession by reference to the people and he classified J&K State as a State where the issue of Accession was a dispute.
In the circumstances as explained by Maharaja in his letter there was no reference of any dispute or resistance from the people of his State where as Mountbatten had written to Maharaja that, “In the circumstances mentioned by your Highness, my Government have decided to accept the accession of Kashmir State to the Dominion of India. In consistent with their policy that in the case of any State where the issue of accession has been the subject of dispute, the question of accession should be decided in accordance with the wishes of the people of the State, it is my Government’s wish that , as soon as the law and order have been restored in Kashmir and its soil cleared of the invader, the question of State’s accession should be settled by a reference to the people”.
Where as the Maharaja of Jammu & Kashmir who was the sole designated authority to assess the circumstances and requirements of his Princely State had no where given any indication that there was a accountable objection to accession with India from his people as could over ride his Right for decision making as a Prince of State. The Maharaja had no where talked of any dispute regarding accession of J&K .
In the circumstances as explained by Maharaja in his letter there was no reference of any dispute or resistance from the people of his State where as Mountbatten had written to Maharaja that, “In the circumstances mentioned by your Highness, my Government have decided to accept the accession of Kashmir State to the Dominion of India. In consistent with their policy that in the case of any State where the issue of accession has been the subject of dispute, the question of accession should be decided in accordance with the wishes of the people of the State, it is my Government’s wish that , as soon as the law and order have been restored in Kashmir and its soil cleared of the invader, the question of State’s accession should be settled by a reference to the people”.
Where as the Maharaja of Jammu & Kashmir who was the sole designated authority to assess the circumstances and requirements of his Princely State had no where given any indication that there was a accountable objection to accession with India from his people as could over ride his Right for decision making as a Prince of State. The Maharaja had no where talked of any dispute regarding accession of J&K .
Then why this condition of settlement of issue of accession by reference to the people and what was the basis for Government of India to call the issue of accession a dispute as regards J&K when Maharaja Hari Singh Bahadur in his letter dated 26 Oct 1947 had clearly informed that the people of his State ( J&K) were not by and large involved in the disturbed conditions as prevailed in the State at time in view of the aggression from across the borders along with the newly created Dominion of Pakistan, remains unanswered.
Where as the letter dated 27 Oct 1947 from Governor General of India Lord Mountbatten has also over the years provided working grounds to separatist organizations like Jammu & Kashmir Liberation Front and others who have pleaded against totalness of 1947 Accession Princely State of J&K with India.. The said letter has been used by anti India elements to term the accession as conditional , even temporaray. Rather some say that Government of India had not totally accepted the Accession. And if so, has any where in the past New Delhi been questioned by Indian people for a conditional acceptance ? Is another question still unanswered.
Any how from technical angles , the accession of a Princely State had to be executed in reference to Government of India Act 1935 and Indian Independence act 1947. But the wisdom of Lord Montbatten the Governor General of India had adjudged the issue of Accession of J&K as a Dispute. Mountbatten was also a close family associate of Pt Jawahar Lal Nehru , the Prime Minister of India . Mountbatten could not on his own lay down such condition. Maharaja Hari Singh after thoughtful consideration and apparently prolonged deliberations with his nears, dears, advisors and men of confidence had taken decision to accede with Dominion of India .
Where as government of India had no logical reason or any special / social authority or any provision of Law or any valid justification for not accepting the Accession or to accept it conditionally.. Then whose choice or will had prevailed? Even if it is assumed that Government of India ( after Independence) still wanted to act as per her own wishes inspite of there being no provision/ directions like this in Indian Independence Act 1947, why did GOI wish like this and made the acceptance of the Accession to look like a Conditional one. ? Sardar Vallbh Bhai Patel, the Dy Prime Minister, was against it. Dears of Nehru. Could well be questioned even now. Mountbatten could surely not lay down this condition on his own.
Those who advocate negation of Instrument of accession or / and ask for ascertaining the choice of People of Jammu & Kashmir under the supervision of some independent agency quote the condition laid down in the letter of Mountbatten (GGOI) . They contest that the said letter had become part of Instrument of Accession .In this regard it has to be also kept in mind that as per the terms and conditions laid down in the Instrument of Accession signed by Maharaja any amendment to the terms of Instrument had to have the consent of the Maharaja .
Therefore , even this demand could be argued that for a conditional accession the consent of the Maharaja Hari Singh was must and since it was not obtained , the letter has no significance. Maharaja had not made any conditional accession. Hence technically the Accession of J&K with Indian Dominion has been surely there and those asking for right of self determination in the context of political and national status of J&K have to first call for secession of J&K from Union of India and may be even undoing the Indian Independence Act of British Parliament as of 1947.
Of course the same Act had given the Princes of princely states a sole right to decide on accession to either of the dominions i.e Independent Dominion of India and new dominion of Pakistan. But unfortunately since the affairs have not been properly handled by New Delhi , the separatists and others have been able to seek the assistance of the letter of Mountbatten for carrying their message to outside world. Any contest has to be on technical grounds . But it is also hard reality that the secessionists have been able to sow seeds of distrust against the 1947 Accession of J&K with India even without having any technical reasons for nullifying Accession.
Therefore , even this demand could be argued that for a conditional accession the consent of the Maharaja Hari Singh was must and since it was not obtained , the letter has no significance. Maharaja had not made any conditional accession. Hence technically the Accession of J&K with Indian Dominion has been surely there and those asking for right of self determination in the context of political and national status of J&K have to first call for secession of J&K from Union of India and may be even undoing the Indian Independence Act of British Parliament as of 1947.
Of course the same Act had given the Princes of princely states a sole right to decide on accession to either of the dominions i.e Independent Dominion of India and new dominion of Pakistan. But unfortunately since the affairs have not been properly handled by New Delhi , the separatists and others have been able to seek the assistance of the letter of Mountbatten for carrying their message to outside world. Any contest has to be on technical grounds . But it is also hard reality that the secessionists have been able to sow seeds of distrust against the 1947 Accession of J&K with India even without having any technical reasons for nullifying Accession.
Greatest tool with secessionist to make world community listen to them has been the letter of 27th October 1947 of Nehru’s friend Mountbatten that made the accession to look temporary and some speeches of Nehru immediately thereafter asserting fulfillment of promise made for reference of the issue of accession to people.
May be Nehru feared (he appeared to fear) that Hari Singh would use the provisions of Independence Act and deny opportunity to Sheikh Abdullah to become head of the democratic government in State. Hence under the circumstances in hand today India can not so easily brush aside the acts of Mountbatten and Nehru that have provided ink to the drafts of demands of separatists and Pakistan to draft petitions against India. These have to be exposed and nullified before the common people of Kashmir as well as the international community rather sleeping over the requirement.
Rather wrongs have to be explained to common man of Kashmir valley and international community, rather people of other Indian states as well.. People of J&K , in particular, have paid enough price for the mistakes of New Delhi in terms of some loss to communal harmony, mutual trust, disturbed conditions, loss of blood and property of innocent subjects right from 1947.
Rather wrongs have to be explained to common man of Kashmir valley and international community, rather people of other Indian states as well.. People of J&K , in particular, have paid enough price for the mistakes of New Delhi in terms of some loss to communal harmony, mutual trust, disturbed conditions, loss of blood and property of innocent subjects right from 1947.
Let there be no political gamesmanship now. Indian politicians should not be allowed to cement the bricks of their Delhi thrones with gimmicks over so called Kashmir affair.
I would also beg to make here some reference to the conditions as prevailed in J&K as well as in British India after 1930 . The need is felt by me to paint some picture about the local politics in J&K as well as the circumstances and the environment that might have been influencing the decision making by the then Ruler of J&K, Maharaja Hari Singh , as regards accession to India or Pakistan or to stay neutral before 15 August 1947 or even there after..
Sheikh Mohd Abdullah had formed Muslim Conference ,an organization, with a reading room party. The objective of the party was the welfare and upliftment of Muslims of Kashmir valley only. And it was on 28-06-1938 that the Working Committee of All J&K Muslim Conference decided to revise the structure and programmes of All J&K Muslim Conference and open the membership for non muslims as well.It was on 11-06-1939 that All J&K Muslim Conference was renamed as All J&K National Conference .Party decided to work for the welfare and political rights of all the subjects of J&K irrespective of caste, creed, and religion. .
A number of senior Muslim leaders from Kashmir and some from Jammu region were against the proposal of Sheikh Abdullah Some Muslims of Jammu and Mirpur/ Poonch refused to follow Sheikh in 1939 and held back the banner of Muslim Conference predominantly in Jammu, Mirpur, Poonch and Muzaffarabad. NC did not find much acceptance in Jammu. The main leadership of Muslim Conference after 11-06-1939 passed in the hands of Punjabi speaking Muslims like Chaudhary Gulanm Abbas and Sardar Mohamad Ibrahim.
In 1940 Nehru and Khan Abdul Gaffar Khan visited Kashmir and encouraged National Conference . Indian leaders were well received by the National Conference cadres in Kashmir. Indian National Congress was of course the main political force in British India and Muslim League too had by that time obtained recognition from the British. This was the turning point of political career of Sheikh Abdullah and his “Freedom movement “t. It was in 1941 that J&K National Conference joined All India States Peoples Conference and Sheikh Abdullah came more close to Nehru and Indian National Congress.
It was on August 9, 1942 that Congress adopted a resolution for Quit India movement. National Conference working committee also passed an official resolution supporting Quit India Movement. But to the surprise of many National Conference celebrated 23 rd August 1942 as KASHMIR National day. At that time no one could imagine that this would follow with a Quit Kashmir call by National Conference in May 1946. Mohd Ali Jinah also visited Kashmir Valley in June 1944. Publicly Jinha said he was on a private visit due to health reasons. But he was on a political mission. Jinah did not receive any favourable response from All J&K National Conference.
Where as August 1945 session of NC at Sopore had Jawahar Lal Nehru, Abdul Gaffar Khan and Maulana Azad as special invitees. It was in this session that Sheikh Abdullah spelt his concept of Naya Kashmir. Sheikh Abdullah declared before Nehru and Azad that the future and independence of J&K was inextricably linked with future and independence of India. Even then Sheikh Abdullah did not give any hint for his Quit Kashmir call that could follow. May be privately he had shared his intentions with Nehru.
The British Cabinet Mission on India presented a memorandum on 12-05-1946 to Chanacellor of Chamber of Princes in India ( Nabab of Bhopal) .The Future of Princely States was defined in said memorandum on States Treaties and Paramountcy. Since Paramountcy was to lapse on 15-08-1947, the Princes were free to accede to one or the other dominion or become independent by that date. Ofcourse the obligation of British to defend their boundaries was to also lapse.
In May 1946 Sheikh Mohammed Abdullah’s National Conference launched Quit Kashmir Movement. Sheikh’s call had surprised even the Indian leaders . Sheikh did have the support of Jawahar Lal Nehru.. Quit Kashmir call was on the lines of Quit India movement. But the call was not against the British Crown. The Quit Kashmir Call was against the Maharaja. Even Mohamed Ali Jinah termed it as a agitation of a few mal contents who were out to create dis order in J&K State. . It was on Pandit Nehru’s instructions that even Kashmir day was observed in Srinagar on 2nd June 1946 .
Sardar Vallabh Bhai Patel had while addressing the General Council of the All India State People's Conference on 8 June 1946 advised the subjects of Princely States not to get involved in direct isolated actions in states at that moment but to be patient and carry on the agitation peacefully for responsible government. But Nehru in the case of J&K did not hold fast to what he ( Patel ) said and hence ultimately the circumstances in J&K from August 1947 onwards landed both Maharaja and GOI in a ditch where Sheikh stood on the wheel with rope in his hand although a year earlier Sheikh was at the mercy of GOI as well as the Maharaja with only Nehru providing him moral and personal support. Such actions made some local leaders ( may be very small in number ) of Kashmir and those in favour of two nation theory more and more ambitious with each day passing.
The love and lust that Nehru showed for Sheikh Abdullah, the closeness that Nehru had with Mountbatten and the manner in which Nehru supported the Quit Kashmir movement that Sheikh Abdullah ‘s NC launched in May/ June 1946 had agitated Hari Singh.
Inview of the apparently changing approach of National Conference Maharaja’s government arrested Sheikh Abdullah and some other NC leaders on 20-05-1946. In June 1946 Nehru decided to visit Kashmir to support/ defend Sheikh’s case. But Nehru was arrested at Kohala Bridge. Nehru did not relish it. Abdullah was tried on charges of sedition and sentenced to three years rigorous imprisonment in July 1946.
All India State Peoples Conference had drawn out a policy paper as regards the local governance in the Princely States of British India after they accede to Indian Dominion. Sheikh Abdullah wanted a different plan of Action for J&K. Nehru too wanted to treat J&K as an exception. Ofcourse Vallab Bhai Patel differed in principle with Nehru.. Maharaja Hari Singh was hence not making his plans open / final in terms of Cabinet Mission memorandum dated 12-05-1946 as was presented to Chanacellor of Chamber of Princes in India . He was making consultation.
Nehru even indirectly supported the memorandum that a “committee” of the National conference had sent to the British Cabinet Delegation raising the question of the March 1846 Amritsar Treaty ( between Maharaja Gulab Singh and British Government ) and demanding that with the British retreating from INDIA this Treaty be abrogated and Kashmir be taken to be ruled by the people of the State who should decide the future of the State and not the Maharaja. British was to hand over the power to Congress leadership in India so should with the annulment of Treaty of 1846 Maharaja’s government should also pass on to Sheikh Abdullah’s National Conference. This new policy of the Sheikh Abdullah (May1946) did become a further cause of the growing tension between the Sheikh Abdullah / Nehru and Hari Singh .
Sheikh Abdullah launching the Quit Kashmir Movement with out consulting Congress and Nehru going behind Sheikh Abdullah annoyed the Maharaja and even made him think ( may be faintly ) of independent state as an alternative for which his supporters could advance arguments.
Sheikh Abdullah launching the Quit Kashmir Movement with out consulting Congress and Nehru going behind Sheikh Abdullah annoyed the Maharaja and even made him think ( may be faintly ) of independent state as an alternative for which his supporters could advance arguments.
Jawarhar Lal Nehru himself said on 26-05-1946 that although it has been the policy of All India States Peoples Conference to demand full responsible popular government in all the States under the aegis of the Ruler ( the Prince), who is to act as a Constitutional head of the State concerned. But to Justify his special approach as regards J&K ( Sheikh Abdullah &Kashmir ) he accused the State authorities of pursuing policies of direct hostility to the proposed popular movement in Kashmir.
Nehru had even admitted that it was unfortunate that the new policy ( Quit Kashmir) as made public by Sheikh on his own was a marked variation in the policy of both of the All India States Peoples Conference ( AISPC) and should not have been made public without full consideration of the respective bodies and further added that he( Nehru) liked to make it clear that the policy of AISPC remained what it was , ie. responsible government under the aegis of the ruler.'. But Nehru did not check / attempt to correct Sheikh Abdullah.
Indian Congress was more to favour Sheikh Abdullah in 1940s where as it should have been more for timely Accession of J&K with Indian Dominion ( Bharat) or otherwise .No doubt the Maharaja of J&K was the only designate authority to decide regarding accession with either Dominion of India or Pakistan or any thing else.
Although the Indian Independence Act was passed by British Parliament on 17-06-1947 but the future of Princely States had already been defined in memorandum dated 12th May 1946 on States Treaties and Paramountcy as was presented by Cabinet Mission to Chancellor of Chamber of Princes in India ( Nabab of Bhopal) . (The British Parliament's Indian Independence Act, 1947 received Royal Assent on 18th July same year creating two independent Dominions of India and Pakistan out of the British India Provinces. The Act was also to free the Indian Princely States of Indian British Empire from the Crown's paramountcy but denied them dominion status while permitting them to accede to India or to Pakistan.
While the power was transferred to the people in British India, the rulers of the princely States were given an option to join either of the two Dominions – India or Pakistan. The Government of India Act 1935, as adopted in the Indian Independence Act, 1947, provided, "An Indian State shall be deemed to have acceded to the Dominion if the Governor General has signified the acceptance of an Instrument of Accession executed by the ruler thereof."….., Pakistan and even Britain were party to these provisions. So the choice of joining either of the Dominions was left to the Rulers of the States concerned. Moreover, in the Indian Independence Act, 1947, there was no provision for any conditional accession )
The Mountbatten Plan about partition of India and withdrawal of British from India by 15-08-1947 was announced on 3rd June 1947. This plan theoretically conceded an independent status to all the Princely States of Greater India of British Empire after the lapse of British paramountcy. The Plan also advised the Princes that it was in their ( princes) own interest (as well as interest of new dominions of India and Pakistan) to join one of the two Dominions before 15 August (the deadline for British withdrawal ).
Obligation of British to defend their ( Princely States) boundaries was to also lapse Hence the preparations for the future status/ policy/ working arrangements had started in 1946 itself at the level of Princes, the proposed Governments of Pakistan and India as well as the local leaderships in some States and J&K in particular. As per the memorandum with the lapse of Paramountcy on 15-08-1947, the princes were free to accede to one or the other dominion or become independent by that date.
Obligation of British to defend their ( Princely States) boundaries was to also lapse Hence the preparations for the future status/ policy/ working arrangements had started in 1946 itself at the level of Princes, the proposed Governments of Pakistan and India as well as the local leaderships in some States and J&K in particular. As per the memorandum with the lapse of Paramountcy on 15-08-1947, the princes were free to accede to one or the other dominion or become independent by that date.
The Governor General of India Lord Mountbatten visited Srinagar for 4 days from 19-06-1947. As per Mountbatten he found Maharaja elusive and had to return without discussing with him. .
As per the evidence available at that time under the likely proposed plans the whole of Gurdaspur District was to be part of Pakistan. Mountbatten well knew that J&K would have no link road available with India as per the draft Redcliff plan of boundaries drawn till then. Later on the final Radcliff award that retained parts of Gurdaspur District including Pathankot as part of Indian independent Dominion was announced only on 16-08-1947 i.e after 15th August 1947. Lord Mountbatten the then Governor General of India well knew the importance of this award in the absence of which J&K would have no road or/ rail link with Indian Dominion in case Maharaja decided in favour of India by 14th August 1947. Hence there are reasons to assess that he ( Mountbatten) was not for India.
Maharaja Hari Singh did have an excuse for being late in taking decision ( not before 15 August 1947) under the argument that under the initial draft division of the British India the district of Gurdaspur that included rail head of Pathankot providing the only road link between Jammu and East Punjab ( par t of Dominion of India as it was to be after 14 August 1947) had been first included in West Pakistan ( west Punjab that was to form Dominion of Pakistan). The announcement of Radcliff award that awarded some areas of Gurdaspur / Pathankot to India was made after 15 August ( on 16 August 1947 ) and hence Maharaja Hari Singh could be in fix to take a decision for accession with India before 15 August 1947 . It has been opined that the announcement of Radcliff Award was intentionally delayed by Mountbatten who did not want Hari Singh to accede to India and hence Maharaja was kept under pressure could be argued. Till early 1946 Anti British attitude and progressive/ patriotic ideas of Hari Singh had been irritating British Raj.
No doubt Hari Singh deferred accession even after announcement of Redcliff Award ( 16-08-1947) although Hari Singh 's sentiments/ choice stood in the way of accession with Pakistan but now it was Nehru’s nominee Sheikh in the way of Hari Singh signing accession with India
Even Mahatama Gandhi visited Kashmir and impressed upon Maharaja Hari Singh for conceding the “demand of people” for a constitutional government ( actually it was for handing over local administration to Sheikh Abdullah as Prime Minister) Where as for the general policy of acceding States it was to be a local popular working government duely elected with a Chief Minister and the Prime Minister of the acceding Prince holding a superior position till any other settlement was made after the Government of independent Dominion took over.
Indian Independence Act had been passed by British Parliament on 17-06-1947. Independent new Dominion of Pakistan was to be born on 14 August 1947 and India had to become independent Dominion on 15th August Mid night.
Maharaja did not agree for conceding to Quit Kashmir theory of Abdullah in favour of National Conference like Quit India theory in favour of Congress.
On 12-08-1947 Maharaja of J&K decided to negotiate a standstill agreement with India & Pakistan. Government of India sent a telegram for Maharaja or his representative to visit Delhi for discussions. Where as Stand Still agreement was signed with Pakistan on 18-08-1947. Pakistan was authorized to operate Kashmir posts and telegraph department. Pakistan was also obliged to supply food stuffs and other necessary items under the agreement. But conditions in J&K did not remain calm even after the r Stand still agreement was signed by Pakistan,. Pakistan indirectly violated agreement.
Under pressures from the Government of Jawahar Lal Nehru and undertakings /assurances from Sheikh Abdullah , he and most of his colleagues were released from jails on 29-09-1947 by Maharaja’s Government.. While addressing a mammoth public meeting at Hazuri Bagh, Srinagar on October 1, 1947, Sheikh Mohd Abdullah had made his views clear about the future of the state obvious when he said, "Till the last drop of my blood, I will not believe in two-nation theory .
Pandit Ram Nath Kak, Maharaja's Prime Minister, was relieved of his responsibility in Oct 1947. On Oct 15 - Justice Mehar Chand Mahajan took over as the Prime Minister of Jammu and Kashmir. And on 18 Oct Maharaja’s Government, through a telegram to Pakistan Prime Minister, protested against the violation of Standstill Agreement by Pakistan.Pakistan, though entered into Standstill Agreement, had an eye on Jammu and Kashmir.
Before the Prime Minister of Maharaja Mr. Mehar Chand Mahajan could visit New Delhi for discussions regarding Stand Still Agreement J&K was openly invaded by tribes men from North West Frontier Province of West Pakistan on 21 October 1947. National Conference appealed to Pakistan not to precipitate matters .
In policy Sheikh Abdullah and his party rejected any possibility of accession to Pakistan since it attacked Kashmir and the very basis of birth of Pakistan was against the principles of NC. Sheikh Abdullah also flew to New Delhi in October 1947 and appealed to Indian Cabinet to dispatch armed forces to help Maharaja’s forces for expelling the invaders. Maharaja had been requesting India for supplying Petrol and Ammunition on payment basis.. Maharaja of J&K requested India for Petrol and ammunition in October 1947.
Maharaja appealed to India for military help on 24-10-1947 and . 25-10-1947 A defence Committee headed by Mountbatten considered the request of Maharaja Hari Singh for supply of Arms and ammunition on 25-10-1947.But the Indian Cabinet was of opinion that it could not send troops to Srinagar unless J&K acceded to India. The wild forces thus let loose by Pakistan on the State were marching on with the aim of capturing Srinagar, the summer capital of his government, as a first step to overrunning the whole State.
It was on 25-10-1947 that Mr. V. P. Menon , Secretary in States Ministry , was sent to Srinagar to explain to Maharaja the position. He met Maharaja. .Menon found conditions grave in Srinagar. But Hari Singh was not ready to accept quit Kashmir plan of Sheikh and Nehru. Menon did succeed in making Hari Singh a little soft towards Sheikh Abdullah. He advised Maharaja to leave for Jammu so that raiders are not able to lay hands on him directly or with local help. Maharaja Hari Singh left Srinagar by car and reached Jammu in the morning of 26-10-1947. VP Menon returned to Delhi from Srinagar on 25-10-1947 (some say in the morning of 26 Oct). Defence Committee again met on 26-10-1947 and decided to accept the instrument of accession if executed by the Maharaja.
Menon again came to Jammu with the Draft of instrument of accession on 26-10-1947 itself. Maharaja had traveled during last night from Srinagar and was in sleep. V.P Menon got the instrument of accession signed by Maharaja on 26-10-1947and carried to New Delhi under a covering letter the same day. Maharaja also conveyed to Lord Mount Batten that he is going to ask Sheikh Abdullah to carry the responsibilities of interim Government in the emergency with his Prime Minister Mehar Chand Mahajan .. Mehar Chand Mahajan was an irritant for Nehru from day one of his appointment/ selection as Prime Minister of J&K by Maharaja Hari Singh in October 1947. Vallab Bhai Patel ( Minister for Home and States Ministry) was for Mehr Chand Mahajan.
Menon again came to Jammu with the Draft of instrument of accession on 26-10-1947 itself. Maharaja had traveled during last night from Srinagar and was in sleep. V.P Menon got the instrument of accession signed by Maharaja on 26-10-1947and carried to New Delhi under a covering letter the same day. Maharaja also conveyed to Lord Mount Batten that he is going to ask Sheikh Abdullah to carry the responsibilities of interim Government in the emergency with his Prime Minister Mehar Chand Mahajan .. Mehar Chand Mahajan was an irritant for Nehru from day one of his appointment/ selection as Prime Minister of J&K by Maharaja Hari Singh in October 1947. Vallab Bhai Patel ( Minister for Home and States Ministry) was for Mehr Chand Mahajan.
Maharaja in his letter dated Oct 26 did convey to Mountbatten that Afridis, soldiers in plain clothes, and desperadoes with modern weapons have been allowed by Pakistan to infiltrate into his State , at first in the Poonch area, then from Sia1kot and finally in a mass in the area adjoining-Hazara district on the Ramkote side and number of women have been kidnpped and raped making his heart bleed.
Maharaja had conveyed that , both Muslims and non-Muslims of his State , generally have taken no part at all in disturbing the government. But Nehru and Mountbatten were still hesitant. It is also said by the elders that Mehar Chand Mahajan even threatened to proceed to Karachi and offer Kashmir to Jinah to secure safety of people of J&K.
So strangely Nehru and Mountbatten combine made the accession conditional. Mountbatten Signed the instrument of accession on 27 Oct 1047 and conveyed to Maharaja under his letter of even date that in consistence with the policy of his government that in the case of any State where the issue of accession has been the subject of dispute, the question of accession should be decided in accordance with the wishes of the people of the State and it was the wish of his Government that, as soon as law and order have been restored in Kashmir and its soil cleared of the invader, the question of the State's accession should be settled by a reference to the people. So it was nearly laid down to hold a plebiscite in the State when law and order situation permitted so.
Maharaja of J&K is remembered by well meaning people for the stand he took in Round Table Conference in London in favour Independence of India . Then Hari Singh had almost advised the British to leave it to Princes for post Independence settlement with the Governments of proposed Dominions of India and Pakistan .
J&K State had the maximum confusions & hopes and fuel was added to the same by the extra favoritism NEHRU showed for Sheikh Abdullah to the annoyance of Maharaja Hari Singh . Hari Singh did have preference for India over Pakistan . But surely Maharaja did not relish handing over power to Sheikh Mohd Abdullah like the British was to hand over to Congress .May be Hari Singh would have settled before 15 August 1947 or even a month later with some other leader from NC if proposed by Indian leadership.
One thing is sure that Jawahar Lal Nehru was very particularly rigid to simultaneously appoint Sheikh Abdullah as head of the Local State Administration ( Prime Minister) as a precondition to Dominion of Independent India accepting the Instrument of Accession (in case Maharaja went for that). . This was not agreeable to Maharaja and was also not in time with the policy of the All India State people’s conference as regards other Princely States , that is regards the Princely States ie. Responsible government under the aegis of the Ruler., This surely resulted in delayed accession for which discussions had started in 1946 itself. No reason could be found to justify Nehru for his keeping special proposals for J&K, say Sheikh Abdullah only.
The delay on the Part of Maharaja Hari Singh also provided about two months time to Mohd Ali Jinah and his Pakistan to gain some oxygen and think of military action in Muslim majority Princely State of J&K or for playing the card of religion or both. Pakistan leadership had started since September 1947 sending Pakistanies across Jehlum/ from Rawalpindi to mix with locals and arouse their religious sentiments.
Sensing differences between Nehru & Hari Singh Pakistan Government started offering attractive terms to Hari Singh for joining Pakistan , though he did not oblige Pakistan. Ofcourse after 15 August 1947 Hari Singh and his advisors ( including Ram Chand Kak, then PM of State ) had also actively started thinking of the available option of remaining outside of both the Dominions of India and Pakistan . Maharaja Hari Singh had given geographical justifications for such proposals being under examination in his letter dated 26 Oct 1947 addressed to Mountbatten covering the instrument of accession as was sent to GOI through V. P. Menon. Changed circumstances around could prompt Hari Singh for option for independence as did also happen later with Sheikh Mohammad Abdullah .
It could be inferred from the events that earlier Jawahar Lal Nehru supported Sheikh Abdullah for personal reasons and later on Nehru supported Abdullah inview of the situations that emerged due to delays and confusions before and after the 26th October 1947 accession .
Sheikh Mohd Abdullah was nearly open in his objectives. He worked for the common Kashmiri and won legitimate support. From a social activist he turned into a political leader . He had his own concepts and targets. The question of application of two national theory based on religion did not have any lawful sanctity as regards of the Princely State of J&K.. Hence partition of India on religious lines was not to cover the state of J&K. Sheikh Mohd Abdullah was surely not in favour of Mohd Ali Jinah’s Muslim League.
He expressed his thinking openly in 1946 when he questioned the Kashmir agreement that the British India had entered with Maharaja Gulab Singh in 1846. He wanted the Maharaja Hari Singh to also surrender his rights over Kashmir with the retreat of British on 14-08-1947 and transfer of power to National Conference in Kashmir as it was to be for Congress in India. Ofcourse Sheikh had said plain no to Pakistan. But he did not accept a status like other princely states for Kashmir . He was bold enough to call himself an Indian, but a special Indian.
Circumstances as created in J&K from August 1947 onwards landed both Maharaja and GOI in a puzzle where Sheikh Abdullah started appearing as a quiz master.
Nehru still feared that Sheikh may not be removed by Maharaja later and for Nehru Sheikhs interest was more important than any thing else. It appeared that Nehru still feared that Sheikh may not be removed by Maharaja later and for Nehru Sheikh’s interest was more important. Irritants were hence still kept in Kashmir that could deepen the confusions and aspirations floated since 1946 in the Quit Kashmir policy that Sheikh Abdullah announced ignoring leadership of Congress as well as All India States Peoples Congress.. Sheikh too had some fears in the minds regarding there being some possibilities ( may be remote) of democratic power going in the hands of some other leader / political group of J&K since Sheikh’s National Conference had the Muslim Conference opposing it in Kashmir Valley, in Jammu Province the National Conference did not have much base and the Muslim leaders of Jammu, Poonch, Rajouri and other non Kashmiri speaking areas of J&K (even in Kashmir Province) were also not unanimously in favour Sheikh’s National Conference.
It was on 30th October 1946 that A.N. Vaid General secretary State Congress Committee wrote from Jammu to Sardar Vallab Bhai Patel (as President Parliamentary Committee All India Congress Committee) that a joint meeting of NC/ Congress / Progressive Hindus was held and it was concluded that January 1947 elections to State Assembly in Jammu Province should be fought on Congress ticket since National Conference held little influence in Jammu Province and there were misgivings about NC as turncoat of Muslim Conference and NC has done very less ground work in Jammu and hence in case elections are fought on Congress ticket on a joint manifesto four Hindu seats out of 7 and one Mohamaden seat out of two will be won by Congress otherwise all will be lost
Mountbatten formally signed the acceptance on 27 Oct and returned a copy of instrument under cover of a letter to Maharaja. And the First contingent of Indian troops landed at Srinagar airport in the morning of 27 Oct 1947. Sheikh Abdullah was invited by Maharaja to form an interim Government and work with his Prime Minister. Most of the area of Jammu Province of Maharaja’s J&K fell to Pakistan after 26 October 1947. In Kashmir except Muzaffarabad all area had been cleared of the Pakistani raiders by 10th November 1947. I Maharaja announced on 5-03-1948 a popular government to be there in State. Relations between Maharaja and Sheikh did not remain normal.
Government of India did accede to wills of Sheikh. Maharaja’s Dewan Mehar Chand Mahajan was nearly made defunct. He was replaced by Sheikh Abdullah as Prime Minister . It was 1st May 1949 that Sardar Patel suggested Hari Singh for a temporary exit from the State in a meeting at Delhi. Kashmir It was suggested that Yuvraj Karan Singh be appointed as Regent by Maharaja in his absence. He placed some security and economy related conditions before Patel on 6-05-1949. Patel assured Maharaja on 23-05-1949 of the security of Yuvraj Karan Singh as Regent and representative of Maharaja.
Maharaja accepted the same and communicated his consent while he was staying in Imperial Hotel New Delhi Mr. Karan Singh went to Srinagar on 20 June 1949 for the first time as Regent. And the temporary exit of Hari Singh from J&K became his permanent exit. He hence quit the State of J&K after delegating royal powers of His Highness to Yuvraj Karan Singh. It was on 1-1-1948 that India approached UN Security Council with complaint against Pakistan .It was exactly after one year on 1-1-1949 that India declared ceasefire with the intruders from across the borders of J&K with Pakistan.
Government of India did accede to wills of Sheikh. Maharaja’s Dewan Mehar Chand Mahajan was nearly made defunct. He was replaced by Sheikh Abdullah as Prime Minister . It was 1st May 1949 that Sardar Patel suggested Hari Singh for a temporary exit from the State in a meeting at Delhi. Kashmir It was suggested that Yuvraj Karan Singh be appointed as Regent by Maharaja in his absence. He placed some security and economy related conditions before Patel on 6-05-1949. Patel assured Maharaja on 23-05-1949 of the security of Yuvraj Karan Singh as Regent and representative of Maharaja.
Maharaja accepted the same and communicated his consent while he was staying in Imperial Hotel New Delhi Mr. Karan Singh went to Srinagar on 20 June 1949 for the first time as Regent. And the temporary exit of Hari Singh from J&K became his permanent exit. He hence quit the State of J&K after delegating royal powers of His Highness to Yuvraj Karan Singh. It was on 1-1-1948 that India approached UN Security Council with complaint against Pakistan .It was exactly after one year on 1-1-1949 that India declared ceasefire with the intruders from across the borders of J&K with Pakistan.
Mehar Chand Mahajan ( J&K PM ) had sent a strong worded telegram to Mohammed Ali Jinnah the Governor General of Pakistan on 18-10-1947 asking to personally interfere to check the violation of State borders and in case of failure J&K Government will have no option than to ask for friendly help from out side. The same day ( 18 Oct 1947) telegram was sent to PM of U.K. by J&K Government informing that about one lakh muslims from India have been given safe conduct to their new abodes in Pakistan. All knew that raiders were cutting across State borders in J&K.
The J&K Prime Minister also informed Indian Leadership that Kotli had been beseized by Pakistani raiders and Poonch was similarly being invaded and there were signs that Mirpur and Bhimber may be the next objective and repeated the request to send ammunition and arms as was requested long back.. But still Lord Mountbatten the Governor General of India wrote to Patel on 25th October 1947 that as per information received from Maj Thomas Wyndord Rees head of Military Engineering Staff attached to Emergency Committee of Cabinet it appeared that KOHALA had not been attacked till then ( where as raiders were far inside Kashmir Valley) and Tribesmen advancing at Uri were intercepted by Kashmir State Troops and heavy battle appeared to be in progress. Mountbatten showed so much of ignorance, rather pretended
May be Mountbatten was still thinking in his mind that “needed delay” in sending troops/ accepting accession has been made to enable raiders cut off Kashmir from India . To impress his innocence Lord Mountbatten again wrote to Patel on 27 October that there was no doubt that if India had sent forces a fortnight ago to Srinagar or could have relieved the State Forces in Jammu to go to Srinagar the position could have been held with comparative ease . Mountbatten opined while writing to Patel that though Indian troops had landed at Srinagar on 27 Oct 1947 the risk was great and chances of keeping raiders out of Srinagar were no good . Mountbatten further said that it was fortunate that the tribes men were on loot and since non Muslims were very less in number ( in Valley) they will only loot and massacre their own co religionists and the this will give India a political advantage. People of J&K were bleeding and the British man was still looking for political advantages in the blood of the innocent common man.
Nehru’s lust for Sheikh Abdullah had delayed the signing of instrument of accession by Hari Singh and Mountbatten not playing honest Governor General of India had made Kashmir very near to landing in a place of no return.
Kashmir too would have been lost to Mountbatten’s imagination had the delay been not there at the part of the Raiders who had come more out of lure for loot and women than for any thing else and had stopped on way lured by autumn atmosphere, beautiful land scape of Barmulla, rich prospects of loot and rape of women and had forgotten Jinah's resolve to celebrate Eid on 25 October 1947 in Srinagar. Raiders converted every mosque into a brothel and European Nuns of local mission hospital were also brutally molested/ raped.
Had they not done so and spent a couple of days there , Kashmir would have been lost in the name of Nehru and Mountbatten..
On October 30, 1947 an Emergency Government took to its job in the State of J&K with Sheikh Mohammad Abdullah as its head. On March 5, 1948, the Maharaja announced the formation of an interim popular Government with Sheikh Mohammad Abdullah as the Prime Minister. Subsequently, the Maharaja signed a proclamation making Yuvraj Karan Singh as the Regent.
In 1951, the State Constituent Assembly was elected by the people. The Assembly met for the first time in Srinagar on October 31, 1951. The Constituent Assembly elected the Yuvraj as the Sadar-I-Riyasat on November 15, 1952,. The State Constituent Assembly ratified the accession of the State to the Union of India on February 6, 1954 and the President of India subsequently issued the Constitution (Application to J&K) Order 1954 May 14 under Article 370 of the Indian Constitution extending the Union Constitution to the State with some State with exceptions and modifications..
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The State’s own Constitution came into force on January 26, 1957 under which the elections to the State Legislative Assembly were held for the first time on the basis of adult franchise the same year. This Constitution ratified the State’s accession to Union of India. Section 3 of the Constitution makes this historic fact a reality. This section 3 of the Constitution says, "The Sate of Jammu and Kashmir is and shall be an integral part of the Union of India." The Section 4 of the Constitution defined the territories which on the fifteenth day of August, 1947, were under the sovereignty of suzerainty of the Ruler of the State."
(On January 1, 1948 India took up the issue of Pak aggression in Jammu and Kashmir in UNO under Article 35 of its charter. The Government of India in its letter to the Security Council said, "…Such a situation now exists between India and Pakistan owing to the aid which invaders, consisting of nationals of Pakistan and tribesmen… are drawing from Pakistan for operations against Jammu and Kashmir, a State which has acceded to the Dominion of India and is part of India. The Government of India requested the Security Council to call upon Pakistan to put an end immediately to the giving of such assistance which is an act of aggression against India and submitted that if Pakistan did not resist, the Government of India would be compelled, in self defence, to enter into Pakistan territory to take military action against the invaders." Presence of Pak regular troops in the Valley was pointed out even by UNCIP documents (UNCIP first report).
During one of the debates in UN Security Council on February 5, 1948, Sher-I-Kashmir, said "aggression and not the accession is the issue." The Security council, however, passed a resolution on plebiscite in Jammu and Kashmir subject to certain conditions. The resolution had three parts, one relating to cease-fire while the second, the most relevant , was a truce agreement which provided the mechanism for plebiscite. Pakistan Government agreed to withdraw its troops from the State and undertake to secure the withdrawal of its tribesmen and nationals .The territory thus evacuated by the Pakistani troops would be administered by local authorities under the surveillance of UN Commission for India and Pakistan.
After this the obligation of Government of India which would have come into force after Pakistan had fulfilled its obligation in the agreement thereby undoing the situation which occasioned the presence of Indian troops on borders in J&K. After ascertaining / notifying that Pakistan had withdrawn its forces, the Government of India would begin withdrawal of bulk of its forces in stages but India was to maintain the minimum strength of its forces necessary for law and order . UN Commission for India and Pakistan would station its observers.
The third part related to reaffirmation of both the countries to determine the wish of the people. Pakistan did not take any step to fulfil its obligations under the agreement and continued to hold the territory of the State illegally and forcefully even today. The issue plebiscite was linked with the condition of withdrawal of Pakistani forces and tribesmen from the occupied territory of the state which it never fulfilled, making the resolution absolutely irrelevant. Moreover, the truce agreement on plebiscite was superseded by the Shimla Agreement between India and Pakistan signed on July 3, 1972 itself, the two countries undertook to resolve all differences bilaterally and peacefully. Through Shimla agreement India & Pakistan could be seen as having accepted to shift the Kashmir question from the UN to the bilateral plane. )
The State’s own Constitution came into force on January 26, 1957 under which the elections to the State Legislative Assembly were held for the first time on the basis of adult franchise the same year. This Constitution ratified the State’s accession to Union of India. Section 3 of the Constitution makes this historic fact a reality. This section 3 of the Constitution says, "The Sate of Jammu and Kashmir is and shall be an integral part of the Union of India." The Section 4 of the Constitution defined the territories which on the fifteenth day of August, 1947, were under the sovereignty of suzerainty of the Ruler of the State."
The State’s own Constitution came into force on January 26, 1957 under which the elections to the State Legislative Assembly were held for the first time on the basis of adult franchise the same year. This Constitution ratified the State’s accession to Union of India. Section 3 of the Constitution makes this historic fact a reality. This section 3 of the Constitution says, "The Sate of Jammu and Kashmir is and shall be an integral part of the Union of India." The Section 4 of the Constitution defined the territories which on the fifteenth day of August, 1947, were under the sovereignty of suzerainty of the Ruler of the State."
The State’s own Constitution came into force on January 26, 1957 under which the elections to the State Legislative Assembly were held for the first time on the basis of adult franchise the same year. This Constitution ratified the State’s accession to Union of India. Section 3 of the Constitution makes this historic fact a reality. This section 3 of the Constitution says, "The Sate of Jammu and Kashmir is and shall be an integral part of the Union of India." The Section 4 of the Constitution defined the territories which on the fifteenth day of August, 1947, were under the sovereignty of suzerainty of the Ruler of the State."
Notes :
(On January 1, 1948 India took up the issue of Pak aggression in Jammu and Kashmir in UNO under Article 35 of its charter. The Government of India in its letter to the Security Council said, "…Such a situation now exists between India and Pakistan owing to the aid which invaders, consisting of nationals of Pakistan and tribesmen… are drawing from Pakistan for operations against Jammu and Kashmir, a State which has acceded to the Dominion of India and is part of India. The Government of India requested the Security Council to call upon Pakistan to put an end immediately to the giving of such assistance which is an act of aggression against India and submitted that if Pakistan did not resist, the Government of India would be compelled, in self defence, to enter into Pakistan territory to take military action against the invaders." Presence of Pak regular troops in the Valley was pointed out even by UNCIP documents (UNCIP first report).
During one of the debates in UN Security Council on February 5, 1948, Sher-I-Kashmir, said "aggression and not the accession is the issue."
The Security council, however, passed a resolution on plebiscite in Jammu and Kashmir subject to certain conditions. The resolution had three parts, one relating to cease-fire while the second, the most relevant , was a truce agreement which provided the mechanism for plebiscite. Pakistan Government agreed to withdraw its troops from the State and undertake to secure the withdrawal of its tribesmen and nationals .
The territory thus evacuated by the Pakistani troops would be administered by local authorities under the surveillance of UN Commission for India and Pakistan. After this the obligation of Government of India which would have come into force after Pakistan had fulfilled its obligation in the agreement thereby undoing the situation which occasioned the presence of Indian troops on borders in J&K. After ascertaining / notifying that Pakistan had withdrawn its forces, the Government of India would begin withdrawal of bulk of its forces in stages but India was to maintain the minimum strength of its forces necessary for law and order . UN Commission for India and Pakistan would station its observers.
The third part related to reaffirmation of both the countries to determine the wish of the people. Pakistan did not take any step to fulfil its obligations under the agreement and continued to hold the territory of the State illegally and forcefully even today. The issue plebiscite was linked with the condition of withdrawal of Pakistani forces and tribesmen from the occupied territory of the state which it never fulfilled, making the resolution absolutely irrelevant. Moreover, the truce agreement on plebiscite was superseded by the Shimla Agreement between India and Pakistan signed on July 3, 1972 itself, the two countries undertook to resolve all differences bilaterally and peacefully. Through Shimla agreement India & Pakistan could be seen as having accepted to shift the Kashmir question from the UN to the bilateral plane. )
The Security council, however, passed a resolution on plebiscite in Jammu and Kashmir subject to certain conditions. The resolution had three parts, one relating to cease-fire while the second, the most relevant , was a truce agreement which provided the mechanism for plebiscite. Pakistan Government agreed to withdraw its troops from the State and undertake to secure the withdrawal of its tribesmen and nationals .
The territory thus evacuated by the Pakistani troops would be administered by local authorities under the surveillance of UN Commission for India and Pakistan. After this the obligation of Government of India which would have come into force after Pakistan had fulfilled its obligation in the agreement thereby undoing the situation which occasioned the presence of Indian troops on borders in J&K. After ascertaining / notifying that Pakistan had withdrawn its forces, the Government of India would begin withdrawal of bulk of its forces in stages but India was to maintain the minimum strength of its forces necessary for law and order . UN Commission for India and Pakistan would station its observers.
The third part related to reaffirmation of both the countries to determine the wish of the people. Pakistan did not take any step to fulfil its obligations under the agreement and continued to hold the territory of the State illegally and forcefully even today. The issue plebiscite was linked with the condition of withdrawal of Pakistani forces and tribesmen from the occupied territory of the state which it never fulfilled, making the resolution absolutely irrelevant. Moreover, the truce agreement on plebiscite was superseded by the Shimla Agreement between India and Pakistan signed on July 3, 1972 itself, the two countries undertook to resolve all differences bilaterally and peacefully. Through Shimla agreement India & Pakistan could be seen as having accepted to shift the Kashmir question from the UN to the bilateral plane. )
From all technical angles the Accession of J&K as of 1947 with Indian dominion is complete and legitimate. Under the Indian Independence act Prince of J&K was the only designate authority to decide for Accession or otherwise and Maharaja Hari Singh unconditionally acceded to Dominion of India and also initiated for a duly elected Constituent Assembly where in all the 75 National Conference leaders got elected. Though not required as per the instrument of Accession signed by the Prince of J&K , still the Constituent assembly also confirmed the accession with India..
Over the years a dispute has been registered at international levels out of no dispute. And it is Kashmir / J&K dispute. J&K can not compared with other acceding Princely that acceded with India. They have taken decades to profess against 26 October 1947 accession of J&K, India will have to work for undoing the anti accession .ideology and convictions that might have registered confusions, misunderstandings or / and protests in the minds of people of J&K in general and Kashmir Valley in particular.
Now the disease can not be medicated simply on technical lines , it will have to addressed at social levels… In Kashmir Valley the memories of Maqbool Sherwani are today lost in the name of Maqbool Bhat. The falseness will have to worked into trueness by the government. No purpose would be served by simply carrying rakes of iron and bricks to Kashmir Valley . Only the return of the migrated Hindu (Hindustani) would return honour in Kashmir Valley.
Let there be no political gamesmanship now. Indian politicians should not be allowed to cement the bricks of their Delhi thrones with gimmicks over so called Kashmir affair
Notes for reference :
Memorandum on states treaties and paramountcy presented by the cabinet mission to his highness the chancellor of the chamber of princes on 12 may 1946
1.Prior to the recent statement of the British Prime Minister in the House of Commons an assurance was given to the Princes that there was no intention on the part of the crown to initiate any change in their relationship with the Crown or the rights guaranted by their treaties and engagements without their consent. ……..The Chamber of Princes has since confirmed that the Indian States fully share the general desire in the country for immediate attainment by India of her stature.
His Majesty’s Government have now declared that if the successor Government or Governments in British India desire independence , no obstacle would be placed in their way. The effect of these announcements is that all those concerned with the future of India wish her to attain independence within or without the British Commonwealth . The delegation has come here to assist in resolving the difficulties which may stand in the way of India fulfilling this wish..
2.During the interim period , which must elapse before the coming into operation of new constitutional structure under which British India will be independent or fully self governing , the paramountcy will remain in operation. But British Government could not and will not in any circumstances transfer paramountcy to an Indian Government..
3.……
4.…..
5.When a new fully self governing or independent government or Governments come into being in British India, His majesty’s Government ‘s influence with these Governments will not be such as to enable them to carry out the obligations of paramountcy. Moreover , they cannot contemplate that British troops would be retained in India for this purpose. Thus, as a logical sequence and in view of the desires expressed to them on behalf of the Indian States, His Majesty’s Government will cease to exercise the powers of paramountcy. This means that the rights of the States which flow from their relationship to the Crown will no longer exist and all the rights surrendered by the states to the paramount power will return to the States. Political arrangements between States on one sides and the British Crown and British India on the other will thus be brought to an end . The void will have to be filled either by the States entering into a federal relationship with successor Government or Governments in British India , or failing this, entering into particular political arrangements with it or them.
In 1927 the British proposed a constitution for India on the recommendations of the Simon Commission . No success was obtained. The election of Ramsay MacDonald's Labour government in 1929 aroused new hopes for progress towards self-government in India. Gandhi traveled to London. The fall of the Labour government in 1931 weakened the hopes. The British for the first time proposed in the 1935 Government of India Act, to hand over substantial power to elected Indian provincial legislatures, with elections to be held in 1937. After the elections the League took office in Bengal and Punjab with Jinnah again taking over the reins. Congress won office in most of the other Indian states. At a League conference in Lahore in 1940, Jinnah said: "Hindus and the Muslims belong to two different religions, philosophies, social customs and literature “. By 1946 the British had neither the will, nor the financial or military power, to hold India any more. Early in 1946, the Labour Government in Britain dispatched an all-party parliamentary delegation to India to meet Indian leaders to stress the British desire for an early settlement of the Indian constitutional issue. Britain's Prime Minister, Clement Attlee, sent a special mission to India ( three Cabinet Ministers, Lord Pethick-Lawrence. Sir Stafford Cripps and Mr. A. V. Alexander ). The mission arrived on March 24, 1946.
The Mission purpose was:
a. Hold preparatory discussions with elected representatives of British India and the Indian states in order to secure agreement as to the method of framing the constitution.
B .Setting up of a constitution body.
C. Setting up an Executive Council with the support of the main Indian parties. The negotiations were conducted on behalf of the Congress by Abul Kalam Azad assisted by Nehru and Patel. Gandhi . The negotiations were bogged down on the basic question whether India was to remain united or to be split up to satisfy the Muslim League’s demand for Pakistan. The Congress opposed to the partition of the country.
Plan of May 16 (Promulgated on May 16, 1946, the plan to create a united dominion of India as a loose confederation of provinces came to be known its date of announcement:
1.A united Dominion of India would be given independence.
2.Muslim-majority provinces would be grouped - Baluchistan, Sind, Punjab and NWFP would form one group, and Bengal and Assam would form another (Assam was a Hindu-majority province, while both Punjab and Bengal consisted of large populations of Hindus and Sikhs).
3 Hindu-majority provinces in central and southern India would form another group.
4The Central government would be empowered to run foreign affairs, defence and communications, while the rest of powers and responsibility would belong to the provinces, coordinated by groups.
Plan of June 16 (An alternative plan proposed on June 16, 1946 was to arrange for India to be divided into Hindu-majority India and a Muslim-majority Pakistan. The princely states of India would be permitted to accede to either dominion or attain independence ). Though not immediately accepted , this plan proved very near to the final settlement later.
When talks nearly broke down , Attlee sent Earl Mountbatten, India's last Viceroy, to negotiate the partition of India for early withdrawal of British..
(*Daya Sagar Author is a social activist and a senior coloumnist on Kashmir affairs)
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