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{{EngvarB|date=November 2018}}
{{Short description|1947 treaty incorporating the state of Jammu and Kashmir into the Dominion of India}}
{{Use dmy dates|date=November 2018}}{{Short description|Treaty incorporating the region into India}}
{{EngvarB|date=November 2022}}
{{Use dmy dates|date=November 2022}}
{{Infobox Treaty
{{Infobox Treaty
| name = Instrument of Accession (Jammu and Kashmir)
| name = Instrument of Accession (Jammu and Kashmir)
Line 8: Line 9:
| caption = Page 1 of Treaty
| caption = Page 1 of Treaty
| type = Accession Treaty
| type = Accession Treaty
| date_drafted =  
| date_drafted =
| date_signed = 26 October 1947
| date_signed = 26 October 1947
| location_signed = [[Srinagar]]/[[Delhi]]
| location_signed = [[Srinagar]]/[[Delhi]]
| date_sealed = 27 October 1947
| date_effective = 27 October 1947
| date_effective = 27 October 1947
| condition_effective = Acceptance by the Governor-General of India
| condition_effective = Acceptance by the Governor-General of India
| date_expiration = Perpetual Validity
| date_expiration = Perpetual Validity
| signatories = {{flagicon|Jammu and Kashmir (princely state)}}[[Maharaja]] [[Hari Singh]],<br />{{flagicon|India}}[[Louis Mountbatten, 1st Earl Mountbatten of Burma|Lord Louis Mountbatten]]
| signatories = {{flagicon|Jammu and Kashmir (princely state)}} [[Maharaja]] [[Hari Singh]],<br />{{flagicon|India}} [[Louis Mountbatten, 1st Earl Mountbatten of Burma|Lord Louis Mountbatten]]
| parties = {{flagicon|Jammu and Kashmir (princely state)}}[[Jammu and Kashmir (princely state)|Jammu and Kashmir]]<br /> {{flagicon|India}}[[Dominion of India]]
| parties = {{flagicon|Jammu and Kashmir (princely state)}} [[Jammu and Kashmir (princely state)|Jammu and Kashmir]]<br /> {{flagicon|India}} [[Dominion of India]]
| depositor = [[Dominion of India]]
| depositor = [[Dominion of India]]
| language = English
| language = English
| languages =
| languages =
| website =
| website =
| wikisource =
| wikisource =Index:Instrument of Accession and Standstill Agreement of Jammu and Kashmir to Dominion of India.pdf
}}
}}
{{wikisource|Index:Instrument of Accession and Standstill Agreement of Jammu and Kashmir to Dominion of India.pdf}}


The Instrument of Accession is a legal document executed by [[Maharaja]] [[Hari Singh]], ruler of the [[princely state]] of [[Jammu and Kashmir (princely state)|Jammu and Kashmir]], on 26 October 1947.<ref>Justice A. S. Anand, ''The Constitution of Jammu & Kashmir'' (5th edition, 2006), [https://books.google.com/books?id=wSXRUwNnMB0C&pg=PA67 page 67]</ref><ref>[http://www.parliament.uk/commons/lib/research/rp2004/rp04-028.pdf Kashmir, Research Paper 04/28 by Paul Bowers, House of Commons Library, United Kingdom.] {{webarchive|url=https://web.archive.org/web/20090326182755/http://www.parliament.uk/commons/lib/research/rp2004/rp04-028.pdf |date=2009-03-26 }}, page 46, 2004-03-30</ref>{{efn|While the Instrument of Accession carries the date of 26 October, scholars believe that it was actually signed on 27 October.<ref>* {{citation |last=Raghavan |first=Srinath |title=India's War: The Making of Modern South Asia, 1939-1945 |url=https://books.google.com/books?id=boimCgAAQBAJ |year=2016 |publisher=Penguin Books Limited |ISBN=978-1-84614-543-8 |pp=107–108}}: "The question of when exactly he signed the instrument of accession has been the focus of much scholarly debate and has resulted in a literature out of all proportion to the importance of the matter. Suffice it to say that it was almost certainly signed on 27 October 1947—not the 26th as claimed by India."</ref>}}
The '''Jammu and Kashmir Instrument of Accession''' is a legal document executed by [[Maharaja]] [[Hari Singh]], ruler of the [[princely state]] of [[Jammu and Kashmir (princely state)|Jammu and Kashmir]], on 26 October 1947.<ref>{{Cite book |last=Anand |first=Adarsh Sein |url=https://books.google.com/books?id=wSXRUwNnMB0C |title=The Constitution of Jammu & Kashmir: Its Development & Comments |date=2007 |publisher=Universal Law Publishing Company Pvt. Limited |isbn=978-81-7534-520-1 |edition=5 |pages=67 |language=en |author-link=Adarsh Sein Anand}}</ref><ref>Paul Bowers (30 March 2004). [http://www.parliament.uk/commons/lib/research/rp2004/rp04-028.pdf Kashmir, Research Paper 04/28], Library Research Paper, House of Commons Library, United Kingdom, p. 46, [https://web.archive.org/web/20090326182755/http://www.parliament.uk/commons/lib/research/rp2004/rp04-028.pdf archived 26 March 2009].</ref>
By executing this document under the provisions of the [[Indian Independence Act 1947]], [[Maharaja]] [[Hari Singh]] agreed to accede to the [[Dominion of India]].<ref>Patricia Gossman, [[Vincent Iacopino]], Physicians for Human Rights,"The crackdown in Kashmir" (1993),[https://books.google.com/books?id=i5cRpu6XSLQC&pg=PA10 page 10]</ref><ref>Bruce B. Campbell, Arthur David Brenner," Death squads in global perspective: murder with deniability"(2002),[https://books.google.com/books?id=BlXPSphM840C&pg=PA271 page 271]</ref>


In a letter sent to Maharaja Hari Singh on 27 October 1947, the then [[Governor-General of India]], [[Louis Mountbatten, 1st Earl Mountbatten of Burma|Lord Mountbatten]] accepted the accession with a remark, "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 [[Pakistan |the invader]] the question of the State's accession should be settled by a reference to the people."<ref>Thomas Bruce Millar," The Commonwealth and the United Nations "( 1967),[https://books.google.com/books?id=U88OAAAAQAAJ&pg=PA26 page 26]</ref> Lord Mountbatten's remark and the offer made by the Government of India to conduct a plebiscite or [[referendum]] to determine the future status of Kashmir led to a dispute between India and Pakistan regarding the legality of the accession of Jammu and Kashmir to India.<ref>Sumit Ganguly, "Conflict unending: India-Pakistan tensions since 1947"(2001),[https://books.google.com/books?id=xn_QVYLy6ocC&pg=PA154 page 154]</ref><ref>{{Cite web |url=http://hinduonnet.com/fline/fl2702/stories/20100129270204100.htm |title=KASHMIR QUESTIONS by A.G. NOORANI |access-date=20 January 2011 |archive-url=https://web.archive.org/web/20110711170613/http://hinduonnet.com/fline/fl2702/stories/20100129270204100.htm |archive-date=11 July 2011 |url-status=dead }}</ref> India claims that the accession is unconditional and final while Pakistan maintains that the accession is fraudulent.<ref>[http://news.bbc.co.uk/2/hi/south_asia/1762146.stm Kashmir: The origins of the dispute by Victoria Schofield]</ref>
==Parties==
By executing an [[Instrument of Accession]] under the provisions of the [[Indian Independence Act 1947]], Maharaja [[Hari Singh]] agreed to accede his state to the [[Dominion of India]].<ref>{{Cite book |url=https://books.google.com/books?id=i5cRpu6XSLQC&pg=PA10 |title=The Crackdown in Kashmir: Torture of Detainees and Assaults on the Medical Community |date=1993 |publisher=Human Rights Watch |isbn=978-1-879707-13-9 |pages=10 |language=en |authors=Patricia Gossman, Vincent Iacopino, Physicians for Human Rights (U.S.)}}</ref><ref>{{Cite book |last=Campbell |first=Bruce B. |url=https://books.google.com/books?id=BlXPSphM840C |title=Death Squads in Global Perspective: Murder with Deniability |last2=Brenner |first2=Arthur D. |date=2002 |publisher=Palgrave Macmillan |isbn=978-1-4039-6094-8 |pages=271 |language=en}}</ref>


The accession to India is celebrated on [[Accession Day (Jammu and Kashmir)|Accession Day]], which is held annually on 26 October.<ref name = "Sify - Accession Day">{{cite web| url = http://sify.com/news/jammu-all-set-to-celebrate-accession-day-news-national-kkzsuicghgb.html| archive-url = https://web.archive.org/web/20111030055343/http://www.sify.com/news/jammu-all-set-to-celebrate-accession-day-news-national-kkzsuicghgb.html| url-status = dead| archive-date = 2011-10-30|title=Jammu all set to celebrate accession day|publisher=[[Sify]]|access-date =2007-12-31}}</ref>
On 27 October 1947, the then [[Governor-General of India]], [[Louis Mountbatten, 1st Earl Mountbatten of Burma|Lord Mountbatten]] accepted the accession. In a letter sent to Maharaja Hari Singh on the same day, he said, "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 [[Federally Administered Tribal Areas|the invader]] the question of the State's accession should be settled by a reference to the people."<ref>Thomas Bruce Millar, ''The Commonwealth and the United Nations'' (1967),[https://books.google.com/books?id=U88OAAAAQAAJ&pg=PA26 page 26]</ref>
 
Lord Mountbatten's remark, and an offer made by the Government of India to conduct a plebiscite or [[referendum]] to determine the future status of Kashmir, led to a dispute between India and Pakistan regarding the legality of the accession of Jammu and Kashmir to India.<ref>{{Cite book |last=Ganguly |first=Šumit |url=https://books.google.com/books?id=xn_QVYLy6ocC |title=Conflict Unending: India-Pakistan Tensions Since 1947 |date=2002 |publisher=Columbia University Press |isbn=978-0-231-50740-0 |pages=154 |language=en |author-link=Sumit Ganguly}}</ref><ref>{{Cite web |last=Noorani |first=A.G. |author-link=A. G. Noorani |date=16-29 January 2010 |title=Kashmir Questions |url=http://hinduonnet.com/fline/fl2702/stories/20100129270204100.htm |url-status=usurped |archive-url=https://web.archive.org/web/20110711170613/http://hinduonnet.com/fline/fl2702/stories/20100129270204100.htm |archive-date=11 July 2011 |access-date=20 January 2011 |publisher=Frontline |via=from the publishers of The Hindu |edition=Volume 27 Issue 02}}</ref>
 
India claims that the accession is unconditional and final, while Pakistan maintains that the Maharaja acted under duress, that he had no right to accede to India at a time when a [[standstill agreement]] with Pakistan was still in force, and that he was not in control of his state and therefore not in a position and does not have the legitimacy to take such a decision.<ref>{{Cite news |last=Schofield |first=Victoria |author-link=Victoria Schofield |date=2002-01-16 |title=Kashmir: The origins of the dispute |work=BBC News |url=http://news.bbc.co.uk/2/hi/south_asia/1762146.stm |access-date=2021-11-17}}</ref>
 
The accession to India is celebrated on [[Accession Day (Jammu and Kashmir)|Accession Day]], which is held annually on 26 October.<ref name="Sify - Accession Day">{{Cite web |date=25 October 2010 |others=IANS |title=Jammu all set to celebrate accession day |url=http://sify.com/news/jammu-all-set-to-celebrate-accession-day-news-national-kkzsuicghgb.html |url-status=dead |archive-url=https://web.archive.org/web/20111030055343/http://www.sify.com/news/jammu-all-set-to-celebrate-accession-day-news-national-kkzsuicghgb.html |archive-date=2011-10-30 |access-date=2007-12-31 |website=[[Sify]]}}</ref>


==Text==
==Text==
[[File:Kashmir Accessiuon document side 1.jpg|thumb|upright=1|P1.  
[[File:Kashmir Accessiuon document side 1.jpg|thumb|upright=1|P1.
Instrument of accession Kašmir]]
Instrument of accession Kašmir]]
[[File:Kashmir Accessiuon document side 2.jpg|thumb|upright=1|P2.  
[[File:Kashmir Accessiuon document side 2.jpg|thumb|upright=1|P2.
Instrument of accession Kašmir]]
Instrument of accession Kašmir]]
The full text of the Instrument of Accession (Jammu and Kashmir) executed by Maharaja Hari Singh on 26 October 1947 and accepted by [[Louis Mountbatten, 1st Earl Mountbatten of Burma|Lord Mountbatten of Burma]], [[Governor-General of India]], on 27 October 1947 (excluding the schedule mentioned in its third point) is as follows:<ref name=ia>{{cite web |url=http://jklaw.nic.in/instrument_of_accession_of_jammu_and_kashmir_state.pdf |title=Instrument of Accession executed by Maharajah Hari Singh |date=26 October 1947 |publisher=Law Department of Jammu and Kashmir Government}}</ref>


{{cquote|Whereas 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 1935|Government of India Act, 1935]] shall, with such omission, additions, adaptations and modifications as the governor-general may by order specify, be applicable to the Dominion of India.
The text of the Instrument of Accession, excluding the schedule mentioned in its third point, is as follows:<ref name="ia">[https://centralexcisehyderabad4.gov.in/documents/history/1947_2.PDF Instrument of Accession of Jammu and Kashmir State dated 26 October, 1947], centralexcisehyderabad4.gov.in, accessed 28 October 2021</ref>
And whereas the Government of India Act, 1935, as so adapted by the governor-general, provides that an [[princely state|Indian State]] may accede to the Dominion of India by an Instrument of Accession executed by the Ruler thereof.
 
{{cquote|Whereas the [[Indian Independence Act 1947|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 1935|Government of India Act, 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 whereas the Government of India Act, 1935, as so adapted by the Governor General, provides that an [[princely state|Indian State]] may accede to the Dominion of India by an Instrument of Accession executed by the Ruler thereof.


Now, therefore, I Shriman Inder Mahander Rajrajeswar Maharajadhiraj Shri Hari Singhji, Ruler of Jammu and Kashmir State,<ref>http://jklaw.nic.in/instrument_of_accession_of_jammu_and_kashmir_state.pdf</ref> in the exercise of my sovereignty in and over my said State do hereby execute this my Instrument of Accession and  
Now, therefore, I Shriman Inder Mahinder Rajrajeswar Maharajadhiraj Shri Hari Singhji, Jammu & Kashmir Naresh Tatha Tibbetadi 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


# I hereby declare that I accede to the Dominion of India with the intent that the governor-general of India, the Dominion Legislature, the Federal Court and any other Dominion authority established for the purposes of the Dominion shall, by virtue of this my Instrument of Accession but subject always to the terms thereof, and for the purposes only of the Dominion, exercise in relation to the State of Jammu and Kashmir (hereinafter referred to as "this State") such functions as may be vested in them by or under the Government of India Act, 1935, as in force in the Dominion of India, on the 15th day of August, 1947, (which Act as so in force is hereafter referred to as "the Act").
# I hereby declare that I accede to the Dominion of India with the intent that the Governor General of India, the Dominion Legislature, the Federal Court and any other Dominion authority established for the purposes of the Dominion shall by virtue of this my Instrument of Accession but subject always to the terms thereof, and for the purposes only of the Dominion, exercise in relation to the State of Jammu & Kashmir (hereinafter referred to as "this State") such functions as may be vested in them by or under the Government of India Act, 1935, as in force in the Dominion of India, on the 15th day of August 1947, (which Act as so in force is hereafter referred to as "the Act').
# I hereby assume the obligation of ensuring that due effect is given to the provisions of the Act within this state so far as they are applicable therein by virtue of this my Instrument of Accession.
# I hereby assume the obligation of ensuring that due effect is given to provisions of the Act within this State so far as they are applicable therein by virtue of this my Instrument of Accession.
# I accept the matters specified in the schedule hereto as the matters with respect to which the Dominion Legislatures may make laws for this state.
# I accept the matters specified in the schedule hereto as the matters with respect to which the Dominion Legislature may make law for this State.
# I hereby declare that I accede to the Dominion of India on the assurance that if an agreement is made between the Governor General and the ruler of this state whereby any functions in relation to the administration in this state of any law of the Dominion Legislature shall be exercised by the ruler of this state, then any such agreement shall be deem to form part of this Instrument and shall be construed and have effect accordingly.
# I hereby declare that I accede to the Dominion of India on the assurance that if an agreement is made between the Governor General and the Ruler of this State whereby any functions in relation to the administration in this State of any law of the Dominion Legislature shall be exercised by the Ruler of the State, then any such agreement shall be construed and have effect accordingly.
# 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 by an Instrument supplementary to this Instrument.
# The terms of this my Instrument of Accession shall not be varied by any amendment of the Act or the Indian Independence Act, 1947, unless such amendment is accepted by me by Instrument supplementary to this Instrument.
# Nothing in this Instrument shall empower the Dominion Legislature to make any law for this state authorizing the compulsory acquisition of land for any purpose, but I hereby undertake that should the Dominion for the purposes of a Dominion law which applies in this state deem it necessary to acquire any land, I will at their request acquire the land at their expense or if the land belongs to me transfer it to them on such terms as may be agreed, or, in default of agreement, determined by an arbitrator to be appointed by the Chief Justice Of India.
# Nothing in this Instrument shall empower the Dominion Legislature to make any law for this State authorizing the compulsory acquisition of land for any purpose, but I hereby undertake that should the Dominion for the purpose of a Dominion law which applies in this State deem it necessary to acquire any land, I will at their request acquire the land at their expense, or, if the land belongs to me transfer it to them on such terms as may be agreed or, in default of agreement, determined by an arbitrator to be appointed by the Chief Justice of India.
# Nothing in this Instrument shall be deemed to commit me in any way to acceptance of any future constitution of India or to fetter my discretion to enter into arrangements with the Government of India under any such future constitution.
# Nothing in this Instrument shall be deemed to commit in any way to acceptance of any future constitution of India or to fetter my discretion to enter into agreement with the Government of India under any such future constitution.
# Nothing in this Instrument affects the continuance of my sovereignty in and over this state, or, save as provided by or under this Instrument, the exercise of any powers, authority and rights now enjoyed by me as Ruler of this state or the validity of any law at present in force in this state.
# Nothing in this Instrument affects the continuance of my Sovereignty in and over this State, or, save as provided by or under this Instrument, the exercise of any powers, authority and rights now enjoyed by me as Ruler of this State or the validity of any law at present in force in this State.
# 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 to my heirs and successors.
# 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.


Given under my hand this 26th day of OCTOBER nineteen hundred and forty seven.
Given under my hand this 26th day of OCTOBER, nineteen hundred and forty seven.


Hari Singh
Hari Singh
Line 64: Line 70:
I do hereby accept this Instrument of Accession. Dated this twenty seventh day of October, nineteen hundred and forty seven.
I do hereby accept this Instrument of Accession. Dated this twenty seventh day of October, nineteen hundred and forty seven.


(Mountbatten of Burma, Governor General of India).
(Mountbatten of Burma, Governor General of India).<ref name=ia/>}}
}}
 
==Schedule==
The Schedule referred to in paragraph 3 of the Instrument of Accession reads as follows:<ref name="Unica">[https://people.unica.it/annamariabaldussi/files/2015/04/Accession-of-Jammu-and-Kashmir-Tate-to-India.pdf Accession of Jammu and Kashmir State to India], unica.it, accessed 28 October 2021</ref>
 
{{cquote|SCHEDULE OF INSTRUMENT OF ACCESSION THE MATTERS WITH RESPECT TO WHICH THE DOMINION LEGISLATURE MAY MAKE LAWS FOR THIS STATE
A. Defence
# The naval, military and air forces of the Dominion and any other armed forces raised or maintained by the Dominion; any armed forces, including forces raised or maintained by an acceding State, which are attached to, or operating with, any of the armed forces of the Dominion.
# Naval, military and air force works, administration of cantonment areas.
# Arms, fire-arms, ammunition.
# Explosives.
 
B. External Affairs
# External affairs; the implementing of treaties and agreements with other countries; extradition, including the surrender of criminals and accused persons to parts of His Majesty's Dominions outside India.
# Admission into, and emigration and expulsion from, India, including in relation thereto the regulation of the movements in India of persons who are not British subjects domiciled in India or subjects of any acceding State; pilgrimages to places beyond India.
# Naturalisation.
 
C. Communications
# Posts and telegraphs, including telephones, wireless, broadcasting, and other like forms of communication.
# Federal railways; the regulation of all railways other than minor railways in respect of safety, maximum and minimum rates and fares, station and services terminal charges, interchange of traffic and the responsibility of railway administrations as carriers of goods and passengers; the regulation of minor railways in respect of safety and the responsibility of the administrations of such railways as carriers of goods and passengers.
# Maritime shipping and navigation, including shipping and navigation on tidal waters; Admiralty jurisdiction.
# Port quarantine.
# Major ports, that is to say, the declaration and delimitation of such ports, and the constitution and powers of Port Authorities therein.
# Aircraft and air navigation; the provision of aerodromes; regulation and organisation of air traffic and of aerodromes.
# Lighthouses, including lightships, beacons and other provisions for the safety of shipping and aircraft.
# Carriage of passengers and goods by sea or by air.
# Extension of the powers and jurisdiction of members of the police force belonging to any unit to railway area outside that unit.
 
D. Ancillary
# Election to the Dominion Legislature, subject to the provisions of the Act and of any Order made thereunder.
# Offences against laws with respect to any of the aforesaid matters.
# Inquiries and statistics for the purposes of any of the aforesaid matters.
# Jurisdiction and powers of all courts with respect to any of the aforesaid matters but, except with the consent of the Ruler of the acceding State, not so as to confer any jurisdiction or powers upon any courts other than courts ordinarily exercising jurisdiction in or in relation to that State.<ref name=Unica/>}}
 
==Date==
While the Instrument of Accession carries the date of 26 October, some scholars believe that it was actually signed on 27 October.<ref>{{Citation |last=Raghavan |first=Srinath |title=India's War: The Making of Modern South Asia, 1939-1945 |url=https://books.google.com/books?id=boimCgAAQBAJ |pages=107–108 |year=2016 |publisher=Penguin Books Limited |isbn=978-1-84614-543-8}}: "The question of when exactly he signed the instrument of accession has been the focus of much scholarly debate and has resulted in a literature out of all proportion to the importance of the matter. Suffice it to say that it was almost certainly signed on 27 October 1947—not the 26th as claimed by India."</ref> However, the fact that the Governor General accepted the accession on 27 October, the day the Indian troops were airlifted into Kashmir, is generally accepted.<ref>{{Citation |last=Schofield |first=Victoria |title=Kashmir in Conflict |url=https://books.google.com/books?id=rkTetMfI6QkC&pg=PA56 |pages=56–58 |year=2003 |place=London and New York |publisher=I. B. Taurus & Co |isbn=1860648983 |author-link=Victoria Schofield |orig-year=First published in 2000}}</ref><ref>{{Cite book |last=Whitehead |first=Andrew |url=https://www.andrewwhitehead.net/full-text-a-mission-in-kashmir.html |title=Full text: A Mission in Kashmir |work=Andrew Whitehead |year=2007 |isbn=978-0-670-08127-1 |language=en |access-date=2019-08-27 |url-status=live}}</ref>
 
An Indian commentator, [[Prem Shankar Jha]], has argued that the accession was actually signed by Hari Singh on 25 October 1947, just before he left Srinagar for Jammu.<ref name=":1">{{Citation |last=Jha |first=Prem Shankar |title=The Origins of a Dispute: Kashmir 1947 |url=https://books.google.com/books?id=0kluAAAAMAAJ |year=2003 |publisher=Oxford University Press |isbn=978-0-19-566486-7 |author-link=Prem Shankar Jha}}</ref>
 
Before taking any action on the Maharaja's request for help, the Government of India decided to send [[V. P. Menon]], representing  it, who flew to Srinagar on 25 October. On realizing the state of emergency, Menon advised the Maharaja to leave immediately for Jammu, for his own safety. He followed this advice and left Srinagar for Jammu that night, while Menon and Prime Minister Mahajan flew to Delhi early the next morning, 26 October. When they reached there, the Indian Government promised Menon and Mahajan military assistance for Jammu and Kashmir, but only after the Instrument of Accession had been signed. Hence, Menon immediately flew back to Jammu with the Instrument. The official version of events is that on his arrival, he contacted the Maharaja, who was asleep after a long journey, but who at once signed the Instrument. Menon then flew back immediately to Delhi with the legal documents on 26 October.<ref>{{Cite web |last=Gupta |first=Y.R. |date=26 November 2018 |title=1947 - Pakistan Invasion (22nd October, 1947 Muzaffarabad Attacked) |url=http://www.earlytimes.in/newsdet.aspx?q=248744%7C |url-status=live |access-date=2021-11-17 |website=www.earlytimes.in}}</ref>


Some scholars have questioned the official date of the signing of the accession document by the Maharaja. They maintain that it was signed on 27 October rather than 26 October. However, the fact that the Governor General accepted the accession on 27 October, the day the Indian troops were airlifted to Kashmir, is generally accepted.<ref>{{citation |first=Victoria |last=Schofield |author-link=Victoria Schofield |title=Kashmir in Conflict |publisher=I. B. Taurus & Co |location=London and New York |year=2003 |orig-year=First published in 2000 |isbn=1860648983 |url=https://books.google.com/books?id=rkTetMfI6QkC&pg=PA56 |pages=56–58}}</ref><ref>{{Cite web|url=https://www.andrewwhitehead.net/full-text-a-mission-in-kashmir.html|title=Full text: A Mission in Kashmir|website=ANDREW WHITEHEAD|language=en|access-date=2019-08-27}}</ref> An Indian commentator, [[Prem Shankar Jha]], has argued that the accession was actually signed by the Maharaja on 25 October 1947, just before he left Srinagar for Jammu.<ref>{{citation |last=Jha |first=Prem Shankar |author-link=Prem Shankar Jha |title=The Origins of a Dispute: Kashmir 1947 |url=https://books.google.com/books?id=0kluAAAAMAAJ |year=2003 |publisher=Oxford University Press |isbn=978-0-19-566486-7}}</ref>
== Commentary ==
Before taking any action on the Maharaja's request for help the Govt. of India decided to send Mr. V.P. Menon, representing Govt.of India who flew to Srinagar on the (25.10.1947). On realizing the emergency situation, V.P  Menon advised the Maharaja to leave immediately to Jammu so as to be safe from invaders.
In 1950, a [[United States Department of State]] memorandum prepared by American diplomats [[George C. McGhee]] and [[John D. Hickerson]], approved by Secretary of State [[Dean Acheson]], stated on the basis of an [[Office of Legal Counsel]] opinion that the Instrument of Accession could not finalize the accession to either dominion.{{Sfn|Schaffer|2009|p=29}}<ref name=":0">{{Cite web |date=February 6, 1950 |title=Foreign Relations of the United States, 1950, The Near East, South Asia, and Africa, Volume V - Office of the Historian |url=https://history.state.gov/historicaldocuments/frus1950v05/d769 |url-status=live |access-date=2021-11-17 |website=history.state.gov |location=Washington}}</ref> According to this memorandum, the [[Attorney General for England and Wales]] and [[Foreign, Commonwealth and Development Office|Foreign Office]] legal advisors felt that the accession was inconsistent with Kashmir’s obligations to Pakistan, and for that reason it was "perhaps invalid".<ref name=":0" />
The Maharaja did the same and left Srinagar for Jammu that very night (25.10.1947) while Menon and Mr.Mahajan Prime Minister flew to Delhi early next morning.(26.10.1947). On reaching there New Delhi Govt. assured Menon & Mahajan a militarily rescue of J&K State only after signing of accession instrument. Hence Menon flew back to Jammu immediately with the Instrument of Accession. On reaching Jammu he contacted the Maharaja who was in sleep at that time after a long journey, who at once signed the Instrument of Accession. V.P Menon flew back immediately on (26.10.47) to Delhi along with the legal documents.<ref>The Early Times http://www.earlytimes.in/newsdet.aspx?q=248744| 26 November 2018</ref>


==See also==
==See also==
Line 75: Line 118:
* [[Indian integration of Junagadh#Instrument of accession|Instrument of Accession of Junagadh]]
* [[Indian integration of Junagadh#Instrument of accession|Instrument of Accession of Junagadh]]
* [[History of Jammu and Kashmir#1947|History of Kashmir]]
* [[History of Jammu and Kashmir#1947|History of Kashmir]]
* [[Jammu and Kashmir Constitution Act 1939]]


==Notes==
==References and notes==
;Notes
{{notelist}}
{{notelist}}


==References==
;Citations
{{Reflist}}
{{Reflist}}


==Further reading==
;Bibliography
* {{citation |last=Whitehead |first=Andrew |title=A Mission in Kashmir |url=http://www.andrewwhitehead.net/full-text-a-mission-in-kashmir.html |year=2007 |publisher=Penguin |isbn=978-0-670-08127-1}}
* {{Citation |last=Jha |first=Prem Shankar |title=The Origins of a Dispute: Kashmir 1947 |url=https://books.google.com/books?id=0kluAAAAMAAJ |year=2003 |publisher=Oxford University Press |isbn=978-0-19-566486-7 |author-link=Prem Shankar Jha}}
* {{Cite book |last=Schaffer |first=Howard B. |url=https://books.google.com/books?id=kyYOWdA5PNkC&pg=PA26 |title=The Limits of Influence: America's Role in Kashmir |date=2009 |publisher=Brookings Institution Press |isbn=978-0-8157-0370-9 |author-link=Howard B. Schaffer}}
 
== Further reading ==
* {{Cite journal |last=Anand |first=Adarsh Sein |date=1964 |title=Kashmir's Accession to India |url=https://www.jstor.org/stable/43949788 |journal=Journal of the Indian Law Institute |volume=6 |issue=1 |pages=69–86 |issn=0019-5731 |jstor=43949788}}
* {{Citation |last=Howley |first=James D. |title=Alive and Kicking: The Kashmir Dispute Forty Years Later |date=1991 |url=https://elibrary.law.psu.edu/cgi/viewcontent.cgi?article=1132&context=psilr |volume=9 |issue=1 |pages=87–120 |publisher=Dickinson Journal of International Law. Penn State International Law Review.}}
* {{Cite book |last=Lamb |first=Alastair |title=Birth of a Tragedy: Kashmir 1947 |date=1994 |publisher=Roxford Books |isbn=978-0-907129-07-3 |language=en |author-link=Alastair Lamb}}
* {{Cite book |last=Jha |first=Prem Shankar |url=http://archive.org/details/kashmir1947rival00jhap |title=Kashmir, 1947– Rival Versions Of History |date=1996 |publisher=Oxford University Press |isbn=978-0-19-563766-3 |author-link=Prem Shankar Jha |via=Internet Archive}}
* {{Citation |last=Anand |first=Adrarsh Sein |title=C.L. Agrawal Memorial Lecture Accession of Kashmir - Historical & Legal Perspective |date=1996 |url=https://www.supremecourtcases.com/index2.php?option=com_content&itemid=99999999&do_pdf=1&id=912 |work=The Practical Lawyer |place=Jaipur}}
* {{Cite journal |last=Anand |first=Adarsh Sein |date=2001 |title=Accession of Jammu and Kashmir State – Historical and Legal Perspective |url=https://www.jstor.org/stable/43953394 |journal=Journal of the Indian Law Institute |volume=43 |issue=4 |pages=455–468 |issn=0019-5731 |jstor=43953394}}
* {{Cite thesis |last=McCarthy |first=Michael R. |title=A subject of dispute: a legal analysis of the claims of India and Pakistan to Kashmir |date=2002 |degree=Masters |publisher=Durham University |url=http://etheses.dur.ac.uk/4180/}}
* {{Citation |last=Mian |first=Qaiser Javed |title=Resolving Kashmir Dispute Under International Law |date=2012 |url=http://www.pja.gov.pk/system/files/Resolving_Kashmir_Dispute_Under_International_Law.pdf |archive-url=https://web.archive.org/web/20200110215408/http://www.pja.gov.pk/system/files/Resolving_Kashmir_Dispute_Under_International_Law.pdf |publisher=Pakistan Journalist Association (PJA) |archive-date=10 January 2022}}
* {{Cite book |last=Sagar |first=Daya |url=https://books.google.com/books?id=W2tsCwAAQBAJ |title=Jammu & Kashmir : A Victim, A Victim of Personal Ambitions of Some and Mishandling by the Core Indian Leadership: A Victim of Personal Ambitions of Some and Mishandling by the Core Indian Leadership |date=2015 |publisher=Prabhat Prakashan |isbn=978-81-8430-313-1 |language=en}}
* {{Cite book |last=Lone |first=Fozia Nazir |url=https://books.google.com/books?id=EmhjDwAAQBAJ |title=Historical Title, Self-Determination and the Kashmir Question |date=2018 |publisher=BRILL |isbn=978-90-04-35999-4 |language=en}}
* {{Cite web |last=Nayak |first=Venkatesh |date=5 August 2019 |title=The Backstory of Article 370: A True Copy of J&K's Instrument of Accession |url=https://thewire.in/history/public-first-time-jammu-kashmirs-instrument-accession-india |url-status=live |access-date=2021-11-17 |website=The Wire}}
* {{Cite news |last=Singh |first=Vijaita |date=2019-08-07 |title=J&K special status {{!}} Home Ministry pulls out original instrument of accession to support Article 370 move |language=en-IN |work=The Hindu |url=https://www.thehindu.com/news/national/jammu-and-kashmir-ending-special-status-is-legal-official/article28872189.ece |access-date=2021-11-17 |issn=0971-751X}}
* {{Cite web |last=Jha |first=Priyaranjan |last2=Jha |first2=Pranay |date=21 September 2019 |title=Article 370 and The Paradox of Kashmir's Accession |url=https://thewire.in/government/article-370-and-the-paradox-of-kashmirs-accession |url-status=live |access-date=2021-11-17 |website=The Wire}}
* {{Citation |last=Soofi |first=Ahmer Bilal |title=The Status of Jammu and Kashmir Under International Law. The Law of Occupation and Illegal Annexation. |date=2019 |url=https://rsilpak.org/wp-content/uploads/2019/08/Legal-Memo-Kashmir.pdf |publisher=Research Society of International Law, Pakistan |last2=Aziz |first2=Jamal |last3=Anwar |first3=Muhammad Oves |last4=Malik |first4=Ayesha |last5=Khan |first5=Shayan Ahmed}}
* {{Cite book |url=https://books.google.com/books?id=4d9EEAAAQBAJ |title=Kashmir after 2019: Completing the Partition |date=September 2021 |publisher=SAGE Publishing India |isbn=978-93-5479-122-2 |editor-last=Menski |editor-first=Werner |language=en |editor-last2=Yousuf |editor-first2=Muneeb}}


==External links==
==External links==
* Venkatesh Nayak, [https://thewire.in/76079/public-first-time-jammu-kashmirs-instrument-accession-india/ Exclusive: For the First Time, a True Copy of Jammu & Kashmir’s Instrument of Accession], The Wire, 26 October 2016.
* Venkatesh Nayak, [https://thewire.in/76079/public-first-time-jammu-kashmirs-instrument-accession-india/ Exclusive: For the First Time, a True Copy of Jammu & Kashmir’s Instrument of Accession], The Wire, 26 October 2016.
* [https://web.archive.org/web/20100612114256/http://jammukashmir.nic.in/govt/cntit1.htm#1 Proclamation of 1 May 1951 on Jammu & Kashmir Constituent Assembly by Yuvraj (Crown Prince) Karan Singh from the Official website of Government of Jammu and Kashmir, India]
* [https://web.archive.org/web/20100612114256/http://jammukashmir.nic.in/govt/cntit1.htm#1 Proclamation of 1 May 1951 on Jammu & Kashmir Constituent Assembly by Yuvraj (Crown Prince) Karan Singh from the Official website of Government of Jammu and Kashmir, India]
* [http://www.lib.berkeley.edu/SSEAL/SouthAsia/kashmir.html Conflict in Kashmir: Selected Internet Resources by the Library, University of California, Berkeley, USA; [[University of California, Berkeley]] Library Bibliographies and Web-Bibliographies list]
* [http://www.lib.berkeley.edu/SSEAL/SouthAsia/kashmir.html Conflict in Kashmir: Selected Internet Resources by the Library], University of California, Berkeley, USA; [[University of California, Berkeley]] Library Bibliographies and Web-Bibliographies list


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[[Category:Legal documents]]
[[Category:Legal documents]]