Accession to Indian Union: A Critical Appraisal | JKPSC KAS (Jammu and Kashmir): Preparation Course PDF Download

 Page 1


INTRODUCTION
The Instrument of Accession is a legal document executed by Maharaja Hari
Singh, ruler of the princely state of Jammu and Kashmir, on 26 October 1947. By
executing this document under the provisions of the Indian Independence Act 1947,
Maharaja Hari Singh agreed to accede to the Dominion of India. In a letter sent to
Maharaja Hari Singh on 27 October 1947, the then Governor-General of India, Lord
Mountbatten accepted the accession. However, the Accession was not as smooth as
you have studied here. There is a lot much happened from the day India became
Independent and the State of Jammu and Kashmir accessed to India. There are five
major parties that shaped the course of action or developments which ultimately led
to the accession. The Domain of India, the Domain of Pakistan, the British, the
Maharaja of Jammu and the Democratic Movement under the leadership of Sheikh
Abdullah all are active players in the events unfolded. How these developments took
place and how it led to the Accession of the Jammu and Kashmir to India will be the
major focus of the present lesson.
THE PRE-INDEPENDENCE DEVELOPMENTS
The Cabinet Mission was an important milestone in the developments of the
Indian Subcontinent in 1940s. Although the Cabinet Mission plan was rejected, the
recommendations for the future of the 565 princely states, covering over two-fifths of
the subcontinent, with a population of 99 million, became the basis for their future
settlement. In a ‘Memorandum on States’ Treaties and Paramountcy’ it was stated
that the paramountcy which the princely states had enjoyed with the British Crown
would lapse at independence because the existing treaty relations could not be
transferred to any successor. The ‘void’ which would be created would have to be
filled, either by a federal relationship or by ‘particular political arrangements’ with the
Page 2


INTRODUCTION
The Instrument of Accession is a legal document executed by Maharaja Hari
Singh, ruler of the princely state of Jammu and Kashmir, on 26 October 1947. By
executing this document under the provisions of the Indian Independence Act 1947,
Maharaja Hari Singh agreed to accede to the Dominion of India. In a letter sent to
Maharaja Hari Singh on 27 October 1947, the then Governor-General of India, Lord
Mountbatten accepted the accession. However, the Accession was not as smooth as
you have studied here. There is a lot much happened from the day India became
Independent and the State of Jammu and Kashmir accessed to India. There are five
major parties that shaped the course of action or developments which ultimately led
to the accession. The Domain of India, the Domain of Pakistan, the British, the
Maharaja of Jammu and the Democratic Movement under the leadership of Sheikh
Abdullah all are active players in the events unfolded. How these developments took
place and how it led to the Accession of the Jammu and Kashmir to India will be the
major focus of the present lesson.
THE PRE-INDEPENDENCE DEVELOPMENTS
The Cabinet Mission was an important milestone in the developments of the
Indian Subcontinent in 1940s. Although the Cabinet Mission plan was rejected, the
recommendations for the future of the 565 princely states, covering over two-fifths of
the subcontinent, with a population of 99 million, became the basis for their future
settlement. In a ‘Memorandum on States’ Treaties and Paramountcy’ it was stated
that the paramountcy which the princely states had enjoyed with the British Crown
would lapse at independence because the existing treaty relations could not be
transferred to any successor. The ‘void’ which would be created would have to be
filled, either by a federal relationship or by ‘particular political arrangements’ with the
successor government or governments, whereby the states would accede to one or
other dominion.
The state of Jammu and Kashmir had unique features not shared by other
princely states. Ruled by a Hindu, with its large Muslim majority, it was geographically
contiguous to both India and the future Pakistan. Lord Mountbatten visited Kashmir
in June, 1947 and spent three days there. He had with him a long note prepared by
Nehru, which, on the basis of Sheikh Abdullah’s popularity in the Kashmir valley,
made out a strong case for the state’s accession to India: “Of all the people’s movements
in the various States in India, the Kashmir National Conference was far the most
widespread and popular . . . It is true that Sheikh Abdullah’s long absence in prison
has produced a certain confusion in people’s minds as to what they should do. The
National Conference has stood for and still stands for Kashmir joining the Constituent
Assembly of India”. Mountbatten also advised Maharaja “not to make a declaration
of independence, but to join one dominion or the other by the 14th August, after
finding out the will of the people”. He also brought the message from the Congress
leaders that, if the Maharaja were to decide in favour of Pakistan because of his
Muslim majority population, they would not take it ‘amiss’. But the Maharaja tactfully
avoided to meet him under an excuse of ill health on the last day of his visit when the
final reply was to be given to him.
DEVELOPMENTS IN POST-INDEPENDENCE PERIOD
On August 15, thus, India and Pakistan emerged as two independent dominions.
Maharaja of Kashmir was caught on the horns of dilemma whether to accede to
Indian Dominion or to Pakistan or to declare Kashmir as an independent State. Like
some of the other Princes, he too, being carried away by sentimentalism rather than
realism and supported by his advisors and even some of the leaders of the politically
conscious groups in the state, fondled with the idea of independence.
Standstill Agreement
In order to get more time for the final decision of the state’s accession, Maharaja
offered a Stand-still Agreement to both the dominions. Pakistan agreed to it hurriedly
Page 3


INTRODUCTION
The Instrument of Accession is a legal document executed by Maharaja Hari
Singh, ruler of the princely state of Jammu and Kashmir, on 26 October 1947. By
executing this document under the provisions of the Indian Independence Act 1947,
Maharaja Hari Singh agreed to accede to the Dominion of India. In a letter sent to
Maharaja Hari Singh on 27 October 1947, the then Governor-General of India, Lord
Mountbatten accepted the accession. However, the Accession was not as smooth as
you have studied here. There is a lot much happened from the day India became
Independent and the State of Jammu and Kashmir accessed to India. There are five
major parties that shaped the course of action or developments which ultimately led
to the accession. The Domain of India, the Domain of Pakistan, the British, the
Maharaja of Jammu and the Democratic Movement under the leadership of Sheikh
Abdullah all are active players in the events unfolded. How these developments took
place and how it led to the Accession of the Jammu and Kashmir to India will be the
major focus of the present lesson.
THE PRE-INDEPENDENCE DEVELOPMENTS
The Cabinet Mission was an important milestone in the developments of the
Indian Subcontinent in 1940s. Although the Cabinet Mission plan was rejected, the
recommendations for the future of the 565 princely states, covering over two-fifths of
the subcontinent, with a population of 99 million, became the basis for their future
settlement. In a ‘Memorandum on States’ Treaties and Paramountcy’ it was stated
that the paramountcy which the princely states had enjoyed with the British Crown
would lapse at independence because the existing treaty relations could not be
transferred to any successor. The ‘void’ which would be created would have to be
filled, either by a federal relationship or by ‘particular political arrangements’ with the
successor government or governments, whereby the states would accede to one or
other dominion.
The state of Jammu and Kashmir had unique features not shared by other
princely states. Ruled by a Hindu, with its large Muslim majority, it was geographically
contiguous to both India and the future Pakistan. Lord Mountbatten visited Kashmir
in June, 1947 and spent three days there. He had with him a long note prepared by
Nehru, which, on the basis of Sheikh Abdullah’s popularity in the Kashmir valley,
made out a strong case for the state’s accession to India: “Of all the people’s movements
in the various States in India, the Kashmir National Conference was far the most
widespread and popular . . . It is true that Sheikh Abdullah’s long absence in prison
has produced a certain confusion in people’s minds as to what they should do. The
National Conference has stood for and still stands for Kashmir joining the Constituent
Assembly of India”. Mountbatten also advised Maharaja “not to make a declaration
of independence, but to join one dominion or the other by the 14th August, after
finding out the will of the people”. He also brought the message from the Congress
leaders that, if the Maharaja were to decide in favour of Pakistan because of his
Muslim majority population, they would not take it ‘amiss’. But the Maharaja tactfully
avoided to meet him under an excuse of ill health on the last day of his visit when the
final reply was to be given to him.
DEVELOPMENTS IN POST-INDEPENDENCE PERIOD
On August 15, thus, India and Pakistan emerged as two independent dominions.
Maharaja of Kashmir was caught on the horns of dilemma whether to accede to
Indian Dominion or to Pakistan or to declare Kashmir as an independent State. Like
some of the other Princes, he too, being carried away by sentimentalism rather than
realism and supported by his advisors and even some of the leaders of the politically
conscious groups in the state, fondled with the idea of independence.
Standstill Agreement
In order to get more time for the final decision of the state’s accession, Maharaja
offered a Stand-still Agreement to both the dominions. Pakistan agreed to it hurriedly
whereas the Government of India wanted concurrence of the people of the state.
Despite signing of the standstill agreement with Pakistan, political manoeuvring was
taking place on all sides. Both India and Pakistan were actively trying to determine
events so that Kashmir would accede to their respective Dominions. India retained
the upper hand and despite the Maharaja’s dislike for Nehru, he communicated more
regularly and amicably with the Indian leaders than with those in Pakistan. Although
he had rejected Mountabatten’s suggestion of retaining military links with either India
or Pakistan, on 13 September 2047 he requested the Government of India for the
loan of an Indian army officer to replace Major-General Scott as his commander-in-
chief. Clear steps were being taken to improve communications with India, by telegraph,
telephone, wireless and roads. The Pakistani government alleged that India had vilated
the standstill agreement, because they had included Kashmir within the Indian postal
system.
The Indian leaders were equally anxious about Pakistan moves. The armed
raids from Paksistani territory into the state and disturbances in Poonch led the Indian
leadership to believe that there would be a full-scale Pakistani incursion. Nehru wrote
to Patel on 27 September that the maharaja should ‘make friends’ with the National
Conference, ‘so that there might be this popular support against Pakistan’. Nehru
had hoped that the maharaja could be persuaded to accede to India before any invasion
took place and he realized that accession would only be more easily accepted if
Abdullah, as a popular leader, were brought into the picture. Two days after this
letter, on 29 September, Abdullah, who had been in prison since his Quit Kashmir
Movement in 1946, was released from jail. Abduallah wrote a letter pledging allegiance
to the maharaja. At the beginning of October Dwarakanath Kachru, the secretary of
the All-India States Peoples’ Conference, visited Srinagar with the objective of
convincing Abdullah of the merits of joining India. He reported back to Nehru that
Sheikh Abdullah and his close associates have decided for the Indian Union. The
objective of the Kashmir National Conference, as stated by Abdullah, is the attainment
of people’s sovereignty with the Maharaha enjoying a constitutional position.
Sensing the possibility of losing the State of Jammu and Kashmir, Pakistan
Page 4


INTRODUCTION
The Instrument of Accession is a legal document executed by Maharaja Hari
Singh, ruler of the princely state of Jammu and Kashmir, on 26 October 1947. By
executing this document under the provisions of the Indian Independence Act 1947,
Maharaja Hari Singh agreed to accede to the Dominion of India. In a letter sent to
Maharaja Hari Singh on 27 October 1947, the then Governor-General of India, Lord
Mountbatten accepted the accession. However, the Accession was not as smooth as
you have studied here. There is a lot much happened from the day India became
Independent and the State of Jammu and Kashmir accessed to India. There are five
major parties that shaped the course of action or developments which ultimately led
to the accession. The Domain of India, the Domain of Pakistan, the British, the
Maharaja of Jammu and the Democratic Movement under the leadership of Sheikh
Abdullah all are active players in the events unfolded. How these developments took
place and how it led to the Accession of the Jammu and Kashmir to India will be the
major focus of the present lesson.
THE PRE-INDEPENDENCE DEVELOPMENTS
The Cabinet Mission was an important milestone in the developments of the
Indian Subcontinent in 1940s. Although the Cabinet Mission plan was rejected, the
recommendations for the future of the 565 princely states, covering over two-fifths of
the subcontinent, with a population of 99 million, became the basis for their future
settlement. In a ‘Memorandum on States’ Treaties and Paramountcy’ it was stated
that the paramountcy which the princely states had enjoyed with the British Crown
would lapse at independence because the existing treaty relations could not be
transferred to any successor. The ‘void’ which would be created would have to be
filled, either by a federal relationship or by ‘particular political arrangements’ with the
successor government or governments, whereby the states would accede to one or
other dominion.
The state of Jammu and Kashmir had unique features not shared by other
princely states. Ruled by a Hindu, with its large Muslim majority, it was geographically
contiguous to both India and the future Pakistan. Lord Mountbatten visited Kashmir
in June, 1947 and spent three days there. He had with him a long note prepared by
Nehru, which, on the basis of Sheikh Abdullah’s popularity in the Kashmir valley,
made out a strong case for the state’s accession to India: “Of all the people’s movements
in the various States in India, the Kashmir National Conference was far the most
widespread and popular . . . It is true that Sheikh Abdullah’s long absence in prison
has produced a certain confusion in people’s minds as to what they should do. The
National Conference has stood for and still stands for Kashmir joining the Constituent
Assembly of India”. Mountbatten also advised Maharaja “not to make a declaration
of independence, but to join one dominion or the other by the 14th August, after
finding out the will of the people”. He also brought the message from the Congress
leaders that, if the Maharaja were to decide in favour of Pakistan because of his
Muslim majority population, they would not take it ‘amiss’. But the Maharaja tactfully
avoided to meet him under an excuse of ill health on the last day of his visit when the
final reply was to be given to him.
DEVELOPMENTS IN POST-INDEPENDENCE PERIOD
On August 15, thus, India and Pakistan emerged as two independent dominions.
Maharaja of Kashmir was caught on the horns of dilemma whether to accede to
Indian Dominion or to Pakistan or to declare Kashmir as an independent State. Like
some of the other Princes, he too, being carried away by sentimentalism rather than
realism and supported by his advisors and even some of the leaders of the politically
conscious groups in the state, fondled with the idea of independence.
Standstill Agreement
In order to get more time for the final decision of the state’s accession, Maharaja
offered a Stand-still Agreement to both the dominions. Pakistan agreed to it hurriedly
whereas the Government of India wanted concurrence of the people of the state.
Despite signing of the standstill agreement with Pakistan, political manoeuvring was
taking place on all sides. Both India and Pakistan were actively trying to determine
events so that Kashmir would accede to their respective Dominions. India retained
the upper hand and despite the Maharaja’s dislike for Nehru, he communicated more
regularly and amicably with the Indian leaders than with those in Pakistan. Although
he had rejected Mountabatten’s suggestion of retaining military links with either India
or Pakistan, on 13 September 2047 he requested the Government of India for the
loan of an Indian army officer to replace Major-General Scott as his commander-in-
chief. Clear steps were being taken to improve communications with India, by telegraph,
telephone, wireless and roads. The Pakistani government alleged that India had vilated
the standstill agreement, because they had included Kashmir within the Indian postal
system.
The Indian leaders were equally anxious about Pakistan moves. The armed
raids from Paksistani territory into the state and disturbances in Poonch led the Indian
leadership to believe that there would be a full-scale Pakistani incursion. Nehru wrote
to Patel on 27 September that the maharaja should ‘make friends’ with the National
Conference, ‘so that there might be this popular support against Pakistan’. Nehru
had hoped that the maharaja could be persuaded to accede to India before any invasion
took place and he realized that accession would only be more easily accepted if
Abdullah, as a popular leader, were brought into the picture. Two days after this
letter, on 29 September, Abdullah, who had been in prison since his Quit Kashmir
Movement in 1946, was released from jail. Abduallah wrote a letter pledging allegiance
to the maharaja. At the beginning of October Dwarakanath Kachru, the secretary of
the All-India States Peoples’ Conference, visited Srinagar with the objective of
convincing Abdullah of the merits of joining India. He reported back to Nehru that
Sheikh Abdullah and his close associates have decided for the Indian Union. The
objective of the Kashmir National Conference, as stated by Abdullah, is the attainment
of people’s sovereignty with the Maharaha enjoying a constitutional position.
Sensing the possibility of losing the State of Jammu and Kashmir, Pakistan
sent raiders from the tribal territory of Pakistan’ North-West Frontier province to
Kashmir Valley. The invaders indulged in indiscriminate plunder, massacres, burning
of houses, raping and abducting women. While explaining the invasion on Kashmir,
Sheikh Abdullah said, ‘What happened in Kashmir adds altogether a new pattern of
perfidy. Those tribal pathan equipped with mechanized weapons of war, swooped
down on us, not merely as armed bandits but as a centrally directed force with the
avowed object of subjugating our land to the vassalage of Pakistan at the point of the
gun”.
The invasion of tribals from Pakistan compelled the Maharaja of Kashmir to
approach the Indian Government for immediate military assistance. The Indian
leadership on the other hand insisted that unless the popular government in Kashmir
be established and Instrument of Accession of the state of the Indian Dominion be
signed, military assistance could not be sent.
In these compelling circumstances the Maharaja by a letter dated October
26, 1947 to the Governor-General of India informed him that he had decided to
accede to India and enclosed an Instrument of Accession with it. The Government of
India accepted the request of the Maharaja and the Instrument of Accession was
signed on October 27, 1947 and military help was dispatched to save Kashmir and
its people from the barbaric invasion of tribesmen. Sheikh Abdullah pointed out that
both the Maharaja and the people of Kashmir requested the Government of India to
accept accession. Pakistan, therefore, had no right to say “that we must do this and
that we must do that”.
After accepting the Instrument of Accession, Lord Mountbatten wrote following
personal letter to Maharaja:
“... my Govt. have decided to accept the accession of Kashmir State to the
Dominion of India. In consistence 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 law and orders have
Page 5


INTRODUCTION
The Instrument of Accession is a legal document executed by Maharaja Hari
Singh, ruler of the princely state of Jammu and Kashmir, on 26 October 1947. By
executing this document under the provisions of the Indian Independence Act 1947,
Maharaja Hari Singh agreed to accede to the Dominion of India. In a letter sent to
Maharaja Hari Singh on 27 October 1947, the then Governor-General of India, Lord
Mountbatten accepted the accession. However, the Accession was not as smooth as
you have studied here. There is a lot much happened from the day India became
Independent and the State of Jammu and Kashmir accessed to India. There are five
major parties that shaped the course of action or developments which ultimately led
to the accession. The Domain of India, the Domain of Pakistan, the British, the
Maharaja of Jammu and the Democratic Movement under the leadership of Sheikh
Abdullah all are active players in the events unfolded. How these developments took
place and how it led to the Accession of the Jammu and Kashmir to India will be the
major focus of the present lesson.
THE PRE-INDEPENDENCE DEVELOPMENTS
The Cabinet Mission was an important milestone in the developments of the
Indian Subcontinent in 1940s. Although the Cabinet Mission plan was rejected, the
recommendations for the future of the 565 princely states, covering over two-fifths of
the subcontinent, with a population of 99 million, became the basis for their future
settlement. In a ‘Memorandum on States’ Treaties and Paramountcy’ it was stated
that the paramountcy which the princely states had enjoyed with the British Crown
would lapse at independence because the existing treaty relations could not be
transferred to any successor. The ‘void’ which would be created would have to be
filled, either by a federal relationship or by ‘particular political arrangements’ with the
successor government or governments, whereby the states would accede to one or
other dominion.
The state of Jammu and Kashmir had unique features not shared by other
princely states. Ruled by a Hindu, with its large Muslim majority, it was geographically
contiguous to both India and the future Pakistan. Lord Mountbatten visited Kashmir
in June, 1947 and spent three days there. He had with him a long note prepared by
Nehru, which, on the basis of Sheikh Abdullah’s popularity in the Kashmir valley,
made out a strong case for the state’s accession to India: “Of all the people’s movements
in the various States in India, the Kashmir National Conference was far the most
widespread and popular . . . It is true that Sheikh Abdullah’s long absence in prison
has produced a certain confusion in people’s minds as to what they should do. The
National Conference has stood for and still stands for Kashmir joining the Constituent
Assembly of India”. Mountbatten also advised Maharaja “not to make a declaration
of independence, but to join one dominion or the other by the 14th August, after
finding out the will of the people”. He also brought the message from the Congress
leaders that, if the Maharaja were to decide in favour of Pakistan because of his
Muslim majority population, they would not take it ‘amiss’. But the Maharaja tactfully
avoided to meet him under an excuse of ill health on the last day of his visit when the
final reply was to be given to him.
DEVELOPMENTS IN POST-INDEPENDENCE PERIOD
On August 15, thus, India and Pakistan emerged as two independent dominions.
Maharaja of Kashmir was caught on the horns of dilemma whether to accede to
Indian Dominion or to Pakistan or to declare Kashmir as an independent State. Like
some of the other Princes, he too, being carried away by sentimentalism rather than
realism and supported by his advisors and even some of the leaders of the politically
conscious groups in the state, fondled with the idea of independence.
Standstill Agreement
In order to get more time for the final decision of the state’s accession, Maharaja
offered a Stand-still Agreement to both the dominions. Pakistan agreed to it hurriedly
whereas the Government of India wanted concurrence of the people of the state.
Despite signing of the standstill agreement with Pakistan, political manoeuvring was
taking place on all sides. Both India and Pakistan were actively trying to determine
events so that Kashmir would accede to their respective Dominions. India retained
the upper hand and despite the Maharaja’s dislike for Nehru, he communicated more
regularly and amicably with the Indian leaders than with those in Pakistan. Although
he had rejected Mountabatten’s suggestion of retaining military links with either India
or Pakistan, on 13 September 2047 he requested the Government of India for the
loan of an Indian army officer to replace Major-General Scott as his commander-in-
chief. Clear steps were being taken to improve communications with India, by telegraph,
telephone, wireless and roads. The Pakistani government alleged that India had vilated
the standstill agreement, because they had included Kashmir within the Indian postal
system.
The Indian leaders were equally anxious about Pakistan moves. The armed
raids from Paksistani territory into the state and disturbances in Poonch led the Indian
leadership to believe that there would be a full-scale Pakistani incursion. Nehru wrote
to Patel on 27 September that the maharaja should ‘make friends’ with the National
Conference, ‘so that there might be this popular support against Pakistan’. Nehru
had hoped that the maharaja could be persuaded to accede to India before any invasion
took place and he realized that accession would only be more easily accepted if
Abdullah, as a popular leader, were brought into the picture. Two days after this
letter, on 29 September, Abdullah, who had been in prison since his Quit Kashmir
Movement in 1946, was released from jail. Abduallah wrote a letter pledging allegiance
to the maharaja. At the beginning of October Dwarakanath Kachru, the secretary of
the All-India States Peoples’ Conference, visited Srinagar with the objective of
convincing Abdullah of the merits of joining India. He reported back to Nehru that
Sheikh Abdullah and his close associates have decided for the Indian Union. The
objective of the Kashmir National Conference, as stated by Abdullah, is the attainment
of people’s sovereignty with the Maharaha enjoying a constitutional position.
Sensing the possibility of losing the State of Jammu and Kashmir, Pakistan
sent raiders from the tribal territory of Pakistan’ North-West Frontier province to
Kashmir Valley. The invaders indulged in indiscriminate plunder, massacres, burning
of houses, raping and abducting women. While explaining the invasion on Kashmir,
Sheikh Abdullah said, ‘What happened in Kashmir adds altogether a new pattern of
perfidy. Those tribal pathan equipped with mechanized weapons of war, swooped
down on us, not merely as armed bandits but as a centrally directed force with the
avowed object of subjugating our land to the vassalage of Pakistan at the point of the
gun”.
The invasion of tribals from Pakistan compelled the Maharaja of Kashmir to
approach the Indian Government for immediate military assistance. The Indian
leadership on the other hand insisted that unless the popular government in Kashmir
be established and Instrument of Accession of the state of the Indian Dominion be
signed, military assistance could not be sent.
In these compelling circumstances the Maharaja by a letter dated October
26, 1947 to the Governor-General of India informed him that he had decided to
accede to India and enclosed an Instrument of Accession with it. The Government of
India accepted the request of the Maharaja and the Instrument of Accession was
signed on October 27, 1947 and military help was dispatched to save Kashmir and
its people from the barbaric invasion of tribesmen. Sheikh Abdullah pointed out that
both the Maharaja and the people of Kashmir requested the Government of India to
accept accession. Pakistan, therefore, had no right to say “that we must do this and
that we must do that”.
After accepting the Instrument of Accession, Lord Mountbatten wrote following
personal letter to Maharaja:
“... my Govt. have decided to accept the accession of Kashmir State to the
Dominion of India. In consistence 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 law and orders have
been restored in Kashmir and its soil cleared by the invader, the question of
State’s accession should be settled by a reference to the people”.
However, A.S.Anand, former Chief Justice, Supreme Court of India is of the
view that: “This statement does not and cannot affect the legality of accession which
was sealed by India’s official acceptance. This statement is not a part of the Instrument
of Accession”. Mehar Chand Mahajan, another Chief justice of Supreme Court India
observed that “The Indian Independence Act did not envisage conditional accession.
It could not envisage such a situation, as it would be outside the parliament’s policy.
It wanted to keep no Indian state in a state of suspense. It conferred on the rulers of
the Indian state absolute power in their discretion to accede to either of the two
Dominions. The Dominion Governor-General had the power to accept the accession
or reject the offer. But he had no power to keep the question open or attach conditions
to it”.
The only documents relevant to the accession were the Instrument of Accession
and the Indian Independence Act and as the constitutional documents did not
contemplate any conditions, there can be no question of the accession have been
conditional. Mahajan further pointed out that “Finality which is statutory cannot be
made contingent on conditions imposed outside the powers of the statute. Any rider
which militates against the Finality is clearly ultra virus and has to be rejected”.
Once Instrument of Accession was signed, accepting the legitimate demand
of his people to establish a responsible Government in the State, Maharaja appointed
Sheikh Abdullah as the Head of Emergency Administration the very next day. Some
of the political parties of Jammu, particularly those representing Hindus, were in favour
of full and final accession of the state to the Indian Union. They were of the view that
issue of accession should not be linked with the promise of plebiscite at a future date.
This stand of the parties continued in the subsequent years. But the Muslim Conference
and other Islamic parties/groups of the Valley, on the other hand, contested State’s
accession to India. These parties took the stand that issue of accession was still alive
and it could only be decided by the people of J&K through the exercise of right of
self-determination in the plebiscite. They believed that accession of the State to India