Accession of J&K into Indian Union

05 Feb 2018 15:53:21

 

The Independence of India Act was passed by British Parliament on June 17, 1947. On July 18, it got Royal approval, according to which India got freedom on August 15, 1947 and one part of the British dominion was segregated as Pakistan.

East Bengal, Shilhat district of Assam, West Punjab, North West frontier province and Sindh were included in Pakistan. The remaining area of the country under British dominion remained with India.


After this Act, the princely state of British India became free, but they did not get the status of a nation and they were suggested that it is in their interest to merge with India or Pakistan. As soon as this Act was implemented, the responsibility of British government to protect these states automatically came to an end.

According to the 'Government of India Act-1935', which was included in the Independence of India Act-1947, the decision about accession will be taken by the head of the state. And there was no provision for conditional merger.

On October 26, 1947, Maharaja Hari Singh decided the accession of Jammu & Kashmir with India on the basis of the same Instrument of Accession, which all the other princely states had adopted while merging with India, and on which the then Governor General Mountbatten had put his signature, stating that “I hereby accept this Instrument of Accession.” (October 27, 1947)

Following are the relevant Articles in accession document of Jammu & Kashmir signed by Maharaja Hari Singh, which show the complete and final Accession:

Article-1): “I hereby declare that I join India with this objective that the Governor General of India and the Legislative Assembly of the state, the Federal Judiciary and any other authority established for the objective of the state, will execute their duties on the basis of this document and on the basis of its terms for the purpose of achieving the objectives of the state.”

Article 9): “I hereby declare that I execute this Instrument of Accession on behalf of my state and any reference made to me or to the King of my state shall also include my successors.”

According to this Instrument of Accession, Jammu & Kashmir became a permanent part of India.

 According to Article-1 of Indian Constitution, Jammu & Kashmir is an integral part of India. In the List of States of the Indian Union, Jammu & Kashmir is on the 15th number alphabetically.


(Pic: Kashmiri border village girls walk near a signboard that reads “MERA BHARAT MAHAN”).

Maharaja Hari Singh wrote in his letter:

 “The conditions of this Instrument of Accession cannot be altered by any amendment of 'Independence of India Act-1947', until I accept that amendment in my supplementary Instrument.”

According to 'Independence of India Act-1947', after the signature of Maharaja, right to object was not given even to Nehru, Lord Mountbatten, Mohammed Ali Jinnah, Queen of England, British Parliament or even the people of concerned state.

The State's Constituent Assembly was elected in 1951. All the 75 members in the Constituent Assembly belonged to National Conference, and Maulana Masoodi became its president. On February 6, 1954 this Constituent Assembly ratified the accession of the state with India. On May 14 1954, the President of India issued an order under temporary Article 370 of the Indian Constitution, through which most of the Articles of Indian Constitution were executed in Jammu & Kashmir with certain exceptions and modifications here and there.

The state of Jammu & Kashmir executed its own Constitution on January 26, 1957, according to which :

Article-3: Jammu & Kashmir state is and shall be an integral part of India.

Article-4: The meaning of 'Jammu & Kashmir' is the area of land, which was ruled by the sovereign authority of the King before August 15, 1947. 

Article-5: According to Indian Constitution, the state of Jammu & Kashmir is authorised to exercise all the legislative and executive functions except in those matters which come under the legislative powers of the Indian Parliament.

The Article -147 of the same Constitution says that Articles 3, 4 and 147 can never be amended, to the extent that no bill can be presented in the state assembly about this for consideration.

In the Indira-Sheikh Abdullah Agreement of 1974 also it has been made clear that Jammu & Kashmir is an inseparable part of the Indian Federation, and its relationship with the Federation would be determined under temporary Article 370 of the Indian Constitution.

The resolution adopted on November 14, 1962 by the Indian Parliament and the unanimous proposal passed by the Indian Parliament on February 22, 1994 both make it amply clear that we will regain the possession of the areas occupied by China in 1962 and by Pakistan in 1947, and that the government cannot make any compromise on it with any agency.

The Undesirable and Unconstitutional Comments

On October 27, 1947, Lord Mountbatten, while accepting the Instrument of Accession signed by Maharaja Hari Singh, wrote a letter in which he made an unlawful and undesirable comment. He wrote, “My government has decided to accept the proposal of accession of Kashmir province with India. But our government wants to maintain the policy that wherever there is controversy regarding accession of a state, the decision should be left with the people. Therefore, when the land is freed from invaders and when the law and order is restored, this matter of the state's accession should be settled by taking the opinion of the people of the state.”

On January 1, 1948 the Government of India, while seeking United Nation's intervention in getting its land evacuated and declaring Pakistan as an invader, gave a proposal that in the peace time we will get the public opinion about accession of Jammu & Kashmir with India. In fact, this proposal and this suggestion were illegal. Because Jammu & Kashmir was merged with India by Maharaja Hari Singh under the same 'Independence of India Act-1947' on the basis of which our country was divided into two nations, the emergence of Pakistan took place, and other 560 princely states were merged either with India or with Pakistan.

Lord Mountbatten did not have the right to add this objectionable and unlawful condition with the accession of Jammu & Kashmir, and to show his commitment to Jinnah about it. It may be true that our Prime Minister Jawahar Lal Nehru also committed the same blunder by reiterating the same statement about getting public opinion as was made by Mountbatten. The Indian nation is never bound to accept these unlawful assurances – neither legally, nor morally.

Neither the Constitution of Jammu & Kashmir nor the Constitution of India gives the right to freedom to Jammu & Kashmir. Nobody has the right to change the borders of our country or to change the basic structure of the Constitution.

 

[This article is an extract from the book “Jammu Kashmir: An Analysis of Facts” authored by Sh. Ashutosh. Further chapters of this book will be covered later in a series.]

 

 

 

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