Inderjeet Sambyal
The history of Jammu and Kashmir (J&K)’s accession to India is a classic case of this myth-making. A lot of haze surrounds the historic accession of the princely state that took place on October 26, 1947. That allows for leaders in Kashmir to repeat the myth of “conditional accession”.The final chapter in India’s Independence saga was the challenge of the accession of the 565 princely states into one of the two dominions by August 15, 1947. A single document called the “Instrument of Accession” was to be the basis for the accession. It was the same accession document that the Maharaja of Kashmir signed too.
The National Conference (NC), led by Sheikh Abdullah, held a special session in October 1948 to support the accession. It didn’t talk about any conditions. Supporting accession, it only said: “This convention has given serious thought to the question of accession…After mature consideration it is definitely of the opinion that Kashmir cannot find its proper place in Pakistan, which today has become the main citadel of reaction and decaying feudalism”.Three people – Louis Mountbatten, SardarVallabhbhai Patel and VP Menon – played a critical role in the political integration of India. The British government’s political department was replaced with the “states department” in May 1947 to facilitate the process. Patel was made the minister and Menon the administrative head. Although all three leaders played crucial roles in the integration of states, Patel was rightfully credited with the epithet of iron man, on the lines of the German iron chancellor, Otto von Bismarck. Bismarck, a Prussian general, was responsible for the integration of German-speaking kingdoms into a united Germany in 1871. Bismarck was alone in his campaign, but the kingdoms he was uniting were smaller and largely city-states. Patel was assisted in the task by Mountbatten and Menon, but he faced a much tougher challenge as he had to deal with many big princely states with armies, assemblies and treasuries.Mountbatten, entrusted by the Cabinet with the responsibility of accession, convened a meeting of the princes on July 25, 1947, and managed to secure the accession papers signed by almost all of them before August 15, 1947. The three princely states that refused to accede – Hyderabad, Junagadh and Kashmir – became Patel’s responsibility. It is the final accession of these three, which Patel secured through various methods, that won him the title Bismarck of India.Compared to the accession of Hyderabad and Junagadh, where Patel had to use force or the threat of it, Kashmir’s case was more complicated. Jawaharlal Nehru’s fondness for Sheikh Abdullah, on the one hand, and Maharaja Hari Singh’s ambition to remain independent, on the other, made Patel’s task difficult.”It was October 27, 1947, when Lord Mountbatten, then Governor-General of India approved and signed the Instrument of Accession of J&K. The Instrument of Accession was signed by the Maharaja in Karan Palace in Jammu on October 26, 1947 which was brought by then Union secretary from Delhi. Maharaja Hari Singh signed the Instrument of Accession on October 26, 1947 which was taken back to Delhi for acceptance by the Governor-General of India, who approved and signed it in the early hours of October 27, 1947. Jammu and Kashmir acceded to the Union of India on October 27.Acknowledging the historic significance of October 26, for the first time in last over seven decades, the Government of Jammu and Kashmir has announced a public holidaying year 2020 to celebrate the momentous occasion.On this day in 1947, Dogra ruler Maharaja Hari Singh had signed the Instrument of Accession before acceding with the dominion of India.This had emerged as a major demand across Jammu region with a cross-section of people seeking the occasion to be declared as an official holiday.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 dominion of India. Accession Day is a public holiday in the Union Territory of Jammu and Kashmir, commemorating 26 October 1947, when Maharaja Hari Singh signed off the Instrument of Accession, in which Jammu and Kashmir joined the Dominion of India. It became an official public holiday in Jammu and Kashmir for the first time .The accession made by Maharaja under the India Independence Act, 1947, was final and irrevocable.
“It was a sovereign act as prescribed under the India Independence Act, which did not have any provision of “conditional”, “temporary” or “interim” Accession,”
Here are the series of events that led to the state of Jammu and Kashmir being a part of India.
Post-Indian independence
Kashmir was plagued with repeated invasions by the Pathan tribesmen after Indian independence in August 1947. Hence, Maharaja Hari Singh wrote to Lord Mountbatten seeking military help.
Mountbatten’s advice
Mountbatten replied saying, “it is my government’s wish that as soon as law and order have been restored in Jammu and Kashmir and her soil cleared of the invader, the question of the State’s accession should be settled by a reference to the people”. This remark is said to have sowed the seed of the Kashmir dispute.
Attempt to a plebiscite
Following Mountbatten’s advice, the Indian government attempted a plebiscite, or referendum, for the Kashmiri people to decide if they wanted to stay a part of India, Pakistan, or remain an independent state.
The everlasting debate
The plebiscite could not take place as the Pakistani government and a part of Kashmiri residents questioned the legality of India’s accession to Kashmir, which up till now remains a point of debate.
Instrument of Accession
Following this, Maharaja Hari Singh signed the Instrument of Accession at Karan Palace in Jammu on October 26, which India’s last Governor-General Lord Mountbatten accepted on October 27.
Agreement with Pakistan
Hari Singh had earlier signed a ‘standstill’ agreement with Pakistan for uninterrupted trade and communication in Kashmir.
Pakistan’s charges
The Pakistani government contested the accession stating that it was fraudulent and that Singh was forced to sign the agreement with India.
The debatable Accession Day
The exact date of Accession has also been debated on. While Indian historian Prem Shankar Jha said that the accession document was signed on October 25, British researcher Andrew Whitehead pointed out that it happened a day later.
Final nail in the wall
Early in the morning on October 27, the Indian Army’s first Sikh battalion was airdropped in Srinagar where they resisted the Pathan invasion and officially completed Kashmir’s accession to India.
(The author is statespokesperson BJP UT)
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