The reason more propagated, so far, for the delayed accession of J and K has been that Maharaja of Jammu and Kashmir was deliberating on the option of his State remaining independent. No doubt inview of Indian Independence Act 1947 remaining independent of the Dominion or India or Pakistan could be an option with the then ruler of J and K. But surely it was not in the immediate focus of Maharaja Hari Singh in August 1947.
Whereas, there were also some other unwritten socio political reasons for Hari Singh not acceding to India by 15th August 1947. May be Maharaja did not find it appropriate to pointedly mention such issues / reasons in his letter of 26th Oct 1947 addressed to Governor General of India. The ‘personal equations’ for him with the then prime Congress leadership and hence also the Government in Delhi were not running that smooth. Some indicators regarding the state of understandings between the Maharaja and India Government surely could be sensed from the letter of 26th Oct 1947 as was addressed by Hari Singh to the then Governor General of India.
Other than the options available, some of the other reasons for delayed accession could be briefly identified as under :
Quit Kashmir call was given against the Dogra Raj by Sheikh Abdullah in May 1946. The way Quit Kashmir call was initiated and projected by National Conference leadership surely cultivated bitterness in the mind of the ruler of J and K. In a way National Conference demanded that with the retreat of the British from India, the ruler of J and K should also hand over the government to the people of J and K like the British Crown was to hand over to Congress for Indian Dominion. And to add to this some of the then “prime” Senior Congress leaders in a way supported Quit Kashmir call given by Sheikh Abdullah. Rather the advice that appeared coming from such leaders in a way suggested Maharaja Hari Singh to appoint Sheikh Mohd Abdullah (NC leader) as the Prime Minister of J and K immediately on acceding to India Dominion. Hari Singh could have taken such attitude of Congress leadership as an irritant and he had all reasons for that. More so there were leaders like that of J and K Muslim Conference to oppose National Conference. This could delay Maharaja’s decision.
Such like indications do emerge from the contents of Hari Singh’s letter of 26th Oct 1947 addressed to Lord Mountbatten, Governor General of India. The letter says “I may Inform your Excellency´s Government that it is my intention to at once set up an interim government & ask Sheikh Abdullah to carry the responsibilities in this emergency with my Prime Minister”. Otherwise what was there so pleasing for GOI in Hari Singh asking Sheikh Abdullah to carry the responsibilities in that emergency with his Prime Minister. Mountbatten in has letter of 27th Oct 1947 addressed to Hari Singh had said: “My Government and l note with satisfaction that your Highness has decided to invite Sheikh Abdullah to form an Interim Government to work with your Prime Minister”.
The final boundaries of New Dominion of Pakistan were not finally settled by 15th August. As per Section – 4 Schedule -II of Indian Independence Act of July 1947 the districts provisionally included in the new province of West Punjab.{ West Pakistan } were (i) from the Lahore Division : the districts of Gujranwala, Gurdaspur, Lahore, Sheikhupura and Sialkot.; (ii) from Rawalpindi Division: the districts of Attock, Gujrat, Jhelum, Mianwali, Rawalpindi, Shahpur and (iii) from the Multan Division : the districts of Dera Ghazi Khan, Jhang, Lyalpur, Montgomery, Multan and Muzaffargarh. A crude / rough border line for Pakistan had been drawn up by Lord Wavell Viceroy of India prior to his replacement with Lord Louis Mountbatten in February 1947. As per provisional borders of upcoming West Pakistan, the Princely state of Hari Singh was to in a way have no immediate working surface road link with Indian Punjab.
In June 1947, the British Government had appointed Sir Cyril Radcliffe as Chairman of the Boundary Commission for Bengal and Boundary Commission for Punjab. The Commission was advised to “demarcate the boundaries of the two parts of the Punjab on the basis of contiguous majority Muslim areas and non Muslim areas ; some other undefined factors that could be kept in view like “natural boundaries, communications, watercourses, irrigation systems, as well as socio-political consideration”. Each commission had two representatives each from Indian National Congress and Muslim League. Radcliffe reached India in second week of July 1947 (May be 8 July) .
Radcliffe wanted more time but was prevailed upon by Mountbatten for accepting to finish the task by 14/15 August. But the final Radcliffe Award keeping Gurdaspur District except for the sub-division of Shakargarh out of West Pakistan was announced after 15th August 1947. It was only after this that a direct regular working link with India dominion was available to J and K. The Radcliffe Line became the border between India and Pakistan around 17th August 1947. Although there was no condition for doing accession only before 15th Aug, still it was not done immediately even after 17th August by Hari Singh since by then the local environments for Hari Singh had not remained as congenial as they were before 14th august 1947.
And of course the irritation that the J and K Maharaja had about the attitude of Delhi leaders could possibly encourage some of his advisors, well wishers and Muslim Conference leaders (who were against Sheikh Abdullah) to even suggest him that he could better stay independent. So, any available option and opinion, that Maharaja Hari Singh did mention in his letter of 26th October addressed to Lord Mountbatten, was surely a result of circumstances that prevailed in J and K in view of the approach that senior Congress leaders of India adopted for J andK, particularly after May 1946.
Hence, delayed accession cannot be simply attributed only to the reasons of there being a must option before Maharaja Hari Singh for remaining independent.
No doubt Maharaja Hari Singh did not sign the Instrument of Accession before 15th August 1947. But what has relevance here is that Maharaja Hari Singh did accede to India on 26th October 1947. More so Hari Singh was the only designate authority to do so under the Indian Independence Act 1947 and as so adopted by the Governor General of India under the provisions of the Act.
Therefore, even if the Accession was done by Hari Singh after 14/ 15th August 1947 it was fair and legal in terms of Indian Independence Act 1947 of British Parliament. And in case anyone ventures to look into the social and administrative technicalities (of the Instrument of Accession and the right of the Prince of a Princely State) outside the terms of Indian Independence Act then one could even venture into questioning the creation of the State of Pakistan by an Act of British Parliament.
It would be too early to conclude that the present BJP Government in Delhi would surely demonstrate an approach with marked difference and commitments as regards Pakistan and J and K separatists or otherwise. But one thing is sure that the Modi Government will have to simultaneously attend to the social aspects of the issues pertaining to J and K since the approach that the governments of the past have so far have allowed the otherwise ‘interpretations’ of the events as made by the separatist to dent some innocent minds. Legal and Constitutional aspects do matter, but the environmental affects too have relevance as regards J and K affairs. No doubt winning political battles matters for any political party and hence even the alliances for such gains. But as regards J and K affairs more that matters is socio-ideological medication as well and that cannot be dispensed merely through legal discourses. So, even if the direct political gains to parties like BJP are a little delayed it will be in greater national interest to work with socio- political strategies for the time without hurrying for political alliances. concludes.
(The writer is a social activist and a leading coloumnist on J&K affairs and can be reached at [email protected] )
DAYA SAGAR
Email:- [email protected]
