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Q.2 How far does the accession of Jammu and Kashmir to the Indian union is legal ?
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Q.2 How far does the accession of Jammu and Kashmir to the Indian unio...
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 .
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Q.2 How far does the accession of Jammu and Kashmir to the Indian unio...
Instrument of Accession (Jammu and Kashmir) The Instrument of Accessionis a legal document executed by Maharaja Hari Singh, ruler of the princely state of Jammu and Kashmir, on 26 October 1947.
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Q.2 How far does the accession of Jammu and Kashmir to the Indian unio...
Legal Status of the Accession of Jammu and Kashmir to the Indian Union

The accession of Jammu and Kashmir to the Indian union has been a subject of legal and political debate. Here, we will discuss the legal aspects surrounding this issue in detail.

Background

In 1947, when India gained independence from British rule, the princely states were given the choice to accede to either India or Pakistan. Jammu and Kashmir, being a princely state, had the option to choose its accession. The then ruler, Maharaja Hari Singh, decided to accede to India on October 26, 1947.

Legal Basis of Accession

The accession of Jammu and Kashmir to the Indian union is based on the following legal grounds:

1. Instrument of Accession: Maharaja Hari Singh signed the Instrument of Accession, which was a legal document that allowed the princely state to accede to India. This document was similar to the ones signed by other princely states during that time.

2. Indian Independence Act, 1947: According to this act, the princely states were given the freedom to choose their accession. Since Jammu and Kashmir acceded to India before the act came into force, it is considered legally valid.

3. Article 370 of the Indian Constitution: This article grants a special autonomous status to Jammu and Kashmir within the Indian union. It recognizes the accession of the state and provides for a separate constitution and flag for Jammu and Kashmir.

Controversies and Legal Challenges

Despite the legal basis of the accession, there have been controversies and legal challenges surrounding the issue. Some argue that the accession was not legitimate due to the following reasons:

1. United Nations Resolutions: After the accession, India took the issue of Jammu and Kashmir to the United Nations, leading to several resolutions. These resolutions called for a plebiscite to determine the future of the state. However, India contends that the resolutions became irrelevant when Pakistan occupied a part of Jammu and Kashmir.

2. Article 370: The special status granted to Jammu and Kashmir under Article 370 has been a subject of debate. Critics argue that it has created a sense of separatism and hindered the full integration of the state into the Indian union.

Conclusion

In conclusion, the accession of Jammu and Kashmir to the Indian union is legally valid based on the Instrument of Accession, the Indian Independence Act, and Article 370 of the Indian Constitution. Despite controversies and legal challenges, the accession remains a significant event in the history of India and Kashmir, shaping the political landscape of the region.
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Q.2 How far does the accession of Jammu and Kashmir to the Indian union is legal ?
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