CM – History of J&K’s Accession to India – The Sunday Guardian Live

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Representative photo: People walk down a street in Shopian in the Kashmir Valley during heavy snowfall on Saturday. ANI

Located at the tip of the Indo-Pakistan subcontinent, Jammu and Kashmir are of great strategic importance as Tibet is in the east; in the northeast the provinces of Sinkiang in China; in northwest Afghanistan and a few kilometers from Afghanistan is Russian Turkestan; to the west is Pakistan and to the south is India.
Since the emergence of the two independent states India and Pakistan on the Indian-Pakistani continent on August 15, 1947, Jammu and Kashmir have been regarded as the most critical problems in their relations. The Kashmir issue arises from joining India. These pages attempt to examine the events that led to Kashmir’s accession to India and the legal validity of this accession.
The state of Jammu and Kashmir as it exists today was created by the British in 1846. To further weaken the Sikhs after their defeat at Sobraon, the British government separated Kashmir from the Sikh empire and « sold » it to Raja Golab Singh, the ruler of Jammu. The Treaty of Amritsar – notoriously referred to as the Kashmiri Purchase Agreement in Kashmir – transferred the British government to Raja Golab Singh and the male heirs of his body forever and in independent possession, the state of Jammu and Kashmir for a consideration of 75 lakhs of British Indian rupees / p>
Golab Singh’s Dogra dynasty ruled Kashmir until 1947, when the attack by the Pathan tribesmen, led by the Pakistani army and led by their chief officer Akbar Khan. The British had made an uncomfortable peace with the tribes on the northwest border, but after the British withdrew, Pakistan incited the tribesmen to attack. By October 1947, about 5,000 tribesmen had invaded Kashmir.
The tribesmen crossed Pakistan with modern military equipment. The first standoff was at Muzaffarabad, where they faced a battalion of Dogra troops and captured the bridge between Muzaffarabad and Domel, which itself fell into the hands of the attackers that same day. They took Garhi and Chinari with them for the next two days. The main group of attackers then advanced towards Uri.

Battle of Uri
Brigadier Rajinder Singh, who led the J&K state armed forces, was killed in Uri. “He and his colleagues will live in history like the brave Leonidas. The Battle of Uri is significant in accession history as it likely helped Maharaja Hari Singh avoid capture and bought precious time for the Indian government to raise more troops. After the battle, the tribal invaders traveled down the Jhelum to Baramulla, the entry point into the Kashmir Valley.
On October 24th, the Maharaja made an urgent appeal to the Indian government. He waited for an answer while the Cabinet Defense Committee met in Delhi. V. P. Menon, Head of Administration and Secretary of State Department, was instructed to fly to Srinagar on October 25th. Menon’s priority was to get the Maharaja and his family out of Srinagar. There were no more troops to guard the capital and the intruders were at the door. The ruler left the valley on the road to Jammu.
On October 26, after a meeting of the Cabinet Defense Committee, the government decided to fly two troop companies to Srinagar. Menon himself took a plane to Jammu, where the ruler was stationed.
Governor General Mountbatten had claimed that it was « the height of folly » to send troops to a neutral state without membership being completed, « but that it should only be temporary before a referendum ». Neither Nehru nor Sardar Patel placed any value on the “provisional” clause, but Menon carried a message for the ruler: he must join the Union if he is to repel the invasion. The ruler agreed to join.
In fact, according to Menon’s memoir, he had left an aide note that he should shoot the ruler in his sleep if Menon did not return with an offer. Hari Singh signed the letter of accession and regretted that the invasion had not given him time to decide what was in the best interests of his state, to remain independent or to merge with India or Pakistan. When accepting the application for membership, Mountbatten mentioned that a referendum would be held in the state when the legal and order situation was restored.
Sheikh Abdullah took over an emergency administration in Kashmir. Nehru appointed former Kashmiri Prime Minister N Gopalswamy Ayyangar as cabinet minister to take care of Kashmiri affairs. Ayyangar was one of the main architects of Article 370.
The article gave the state a certain autonomy – its own constitution, its own flag and the freedom to make laws. Foreign affairs, defense and communication were reserved for the central government.
As a result, Jammu and Kashmir could establish their own rules regarding permanent residence, ownership of property, and fundamental rights. It could also prevent out-of-state Indians from buying or settling in property.
The constitutional provision has underpinned India’s often strained relationship with Kashmir, the only Muslim-majority region that India joined when it was partitioned.
The Certificate of Accession is a legal document issued by Maharaja on October 27, 1947. By executing this document under the provisions of the Indian Independence Act of 1947, he consented to join the Dominion of India.
The Bharatiya Janata Party had long spoken out against Article 370 from the start, and it was their political agenda to repeal it, and the party’s 2019 election manifesto promised voters more precisely.
They argued it needed to be abolished in order to incorporate Kashmir and put it on a par with the rest of India. After the government returned to power with a massive mandate in the April-May parliamentary elections, the government wasted no time in delivering on its promise, and on August 5, 2019, a constitutional amendment repealed Article 370 and Article 35 -A was deleted and the state of Jammu & Kashmir was divided into two union territories.

Mountbatten accepts accession
In a letter to Maharaja Hari Singh dated October 27, 1947, Lord Mountbatten accepted membership with the comment: « It is the wish of my government that as soon as law and order is restored in Jammu and Kashmir and that their soil is cleared of the invaders » . the question of joining the state should be dealt with by referring to the people. Lord Mountbatten’s remark and the Indian government’s offer to hold a popular vote or referendum to determine the future status of Kashmir sparked a dispute between India and Pakistan over the legality of Jammu and Kashmir’s accession. India claims accession is unconditional and final, while Pakistan claims accession is fraudulent.
Accession to India is celebrated on Accession Day, which takes place every year on October 26th.
The legal ruler Maharaja Hari Singh specifically mentioned that he is joining the Indian Union.
“And whereas the Government of India Act of 1935, as amended by the Governor General, provides that an Indian state can join the Dominion of India through a charter executed by its ruler. Therefore I, Shriman Inder Mahander Rajrajeswar Maharajadhiraj Shri Hari Singhji, ruler of Jammu and Kashmir, in exercise of my sovereignty in and over my said state, hereby execute my certificate of accession and hereby declare that I am the Dominion of India with the intention of becoming the Governor General of India, the Dominion Legislature, the Federal Court of Justice and any other Dominion authority established for the Dominion through this Act of Accession, but always subject to the terms thereof, and for the purposes of the Dominion only, through the State of Jammu and Kashmir (hereinafter referred to as  » that State ”) to exercise the functions conferred upon them by or under the Government of India Act of 1935, as amended in the Dominion of India, on August 15, 1947, (the applicable law is hereinafter referred to as“ the Act “Read the document he signed.
The document goes on to say: “I hereby undertake to ensure that the provisions of the law in this state, insofar as they are applicable there through my certificate of accession, take due effect. I accept the matters listed in the Appendix as matters on which the Legislature of the Dominion may legislate for that state.
I hereby declare that I am joining the Dominion of India with an assurance that if an agreement is reached between the Governor General and the ruler of that state, all functions relating to the administration of that state will be performed by each law of the legislature of the Dominion should by the ruler of this state, then every such agreement is considered part of this document and is to be interpreted and effective accordingly.  »
Nothing in this instrument authorizes the Dominion Legislature to pass a law for that state authorizing the forced acquisition of land for any purpose.

Accession strengthens the Indian Union
“I hereby undertake that if the Dominion deems it necessary for any Dominion law in force in that state to acquire land, I shall acquire the land at its request at its expense, or if I own the land, it will acquire it from him transferred on these terms will be determined by agreement or in the absence of agreement by an arbitrator to be appointed by the Indian Chief Justice. Nothing in this instrument is intended in any way to oblige me to accept any future constitution of India or to limit my discretion to make arrangements with the Government of India under such future constitution.
Nothing in this document affects the continuation of my sovereignty in and over this state or the exercise of powers, powers and rights that I now have as ruler of this state, or the validity of any applicable law in this state. I hereby declare that I am executing this document on behalf of this state and that any reference in this document to me or the ruler of the state must be interpreted to include my heirs and successors, ”read the document signed by Maharaja Hari Singh on Oct. 26, 1947
Some scholars have questioned the official date of the Maharaja’s signature of the Accession Document. They claim it was signed on October 27th rather than October 26th. However, the fact that the Governor General accepted the accession on October 27, the day Indian troops were flown into Kashmir, is widely accepted. An Indian commentator, Prem Shankar Jha, has argued that the accession was signed by the Maharaja on October 25, 1947, just before he left Srinagar for Jammu. Before the government responds to the Maharaja’s request for help. of India decided to appoint Mr. V.P. Menon, who represents the Indian government, which flew to Srinagar on (25.10.1947). When he realized the emergency, V.P. Menon the Maharaja to go to Jammu immediately to be safe from intruders.

Pluralists, democratic minds who must support the crown
The Maharaja did the same and left Srinagar that same night (25.10.1947) for Jammu, while Menon and Mr. Meher Chand Mahajan Prime Minister flew to Delhi early the next morning. (10/26/1947). On arrival in New Delhi, the Indian government assured Menon and Mahajan that they would not save Jammu and the state of Kashmir militarily until the accession document was signed. Therefore Menon immediately flew back to Jammu with the certificate of accession. When he reached Jammu, he contacted the Maharaja, who at the time was asleep after a long journey. He woke up and immediately signed the membership certificate.
V.P. Menon immediately flew back to Delhi on October 26th along with the legal documents to complete the proper and legal accession of the state of Jammu and Kashmir to the Indian Union.
Since then, Jammu and Kashmir has been a shining crown on the head of Bharat Mata, or Indian Union. It is an utmost duty for every citizen to protect this crown, pride and fame. The glory of Jammu and Kashmir is associated with the splendor of India. There should be no attempt to cut off this crown, nor should one dare to narrow the head of Bharat Mata. A pluralistic, democratic-liberal, accommodating head of the Indian Union is best in the interests of supporting this crown.

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