Maharaja’s action in delaying the accession of J&K with Bharat is justified because he had certain compulsions due to geographical conditions of State.
It was unholy nexus between Jawaharlal Nehru and Sheikh Abdullah which created obstacles in signing of Instrument of Accession by Maharaja who
wanted to sign it quite earlier.
Dr Ganesh Malhotra and Advocate Ronik Sharma
Jammu & Kashmir joined Bharateeya union on October 26, 1947 with Maharaja Hari Singh signing Instrument of Accession. The separatist and anti-national forces which include some mainstream political parties still raise doubts about accession and merger of J&K with Bharat.
The debate of merger is automatically over while going through the Article 3, Article 5 and Article 147 of J&K Constitution. It was accession in the beginning but was later turned into a complete merger through Constitution. Those who have doubts about the merger of J&K State with Union of Bharat should go through this Articles 3, 5 and 147 of J&K Constitution. As per these articles the J&K is and shall remain permanent part of Bharat so there is no further debate over the issue. While going through the Article 147 of the same Constitution which deals with amendments in the Constitution it further says that Article 3 & 5 of J&K Constitution can’t be amended. Hence entire debate over the merger is over. There was no problem like this in other princely States of Bharat like Hyderabad, Gwalior etc which joined the Bharateeya Union, after Partition. But unfortunately the problem in J&K was due to one leader whose family has been constantly running the State affairs in one way or the other. Moreover this accession was approved by people’s elected Constituent Assembly of J&K in February 1954.
Maharaja’s action in delaying the accession of J&K with Bharat is justified because he had certain compulsions due to geographical conditions of State. It was unholy nexus between Nehru and Sheikh Abdullah which created obstacles in signing of Instrument of Accession by Maharaja who wanted to sign it quite earlier. But at last Maharaja signed the document of accession with Bharat and there is no doubt in that.
n 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’).
n 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.
n 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.
n 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.
n 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.
n Nothing in this Instrument shall empower the Dominion Legislature to make any law for this State authorising 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.
n Nothing in this Instrument shall be deemed to commit in any way to acceptance of any future constitution of Bharat or to fetter my discretion to enter into agreement with the Government of India under any such future constitution.
n Nothing in this Instrument affects the continuance of my Sovereignty in and over this State, or, saves 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.
n 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.
And the next day this instrument of accession was accepted by the then Governor General of Bharat Lord Mountbatten. Logical relevance to the matter the Instrument of Accession, Jammu & Kashmir is a permanent part of India. As per article 1 of the Bharateeya Constitution Jammu & Kashmir is an integral part of Bharat. Jammu & Kashmir stands as State in the list of States of Bharat’s Union at number 15.
The political parties who remained in power in J&K have never highlighted the importance of this day and instead used every means to defame Maharaja Hari Singh. It was the holy day of 26th October when the two nation theory of Jinnah got defeated in J&K.
The unholy debate of ‘J&K as part of Bharat’ has suffered its own death. But the real discourse is still requiring in case of POJK and Gilgit Baltistan. Pakistan and its separatist agents have to come to answer the questions regarding POJK and Gilgit Baltistan. The human rights’ violation in these areas has come to light before whole international community.
So a resolution is required to be passed which should include the following points:
1. October 26 is declared as Vilayae Diwas officially
2. The questioning of the Integrity of J&K with Bharat should be made a penal offence.
3. Pledge to take back POJK and Gilgit Baltistan.
4. To abolish Article 370 for removing all confusions
5. Complete merger of the state with the union of Bharat was full and final and there is no need of debate over it. n