Pre-1947 British Indian empire comprised of British India and territories of Indian princely states (also known as native states ). On 3rd June 1947, Louis Mountbatten, first Earl of Burma and the then Viceroy of India had announced decision for partition of India. A new dominion of Pakistan was to be created. To create a theocratic Islamic State of Pakistan area was to be carved out of only the British India of British Indian Empire. So, based on the plan prepared by Louis Mountbatten the Indian Independence Act 1947 was passed by British Parliament. The Act received Royal Assent on 18th July 1947. The appointed date for carving out of Dominion of Pakistan was set as 14th August 1947 and hence the appointed date for Independent India Dominion was 15th August 1947.
The territories of British Indian Empire that were under the executive rule of the Princes were left out of the India Dominion. The Princes acceding to India Dominion or newly born Dominion of Pakistan had to live as ordinary / common citizen in democratic India or Islamic State of Pakistan. Living as ordinary or common citizen was surely to be simply not that pleasing for some of the Princes.
The Indian Independence Act did not transfer the proposed Independent India Dominion the Paramount Authority that the Britain Crown held over the Indian Princes. But with the social, economic and geographic conditions that prevailed it was not possible for a large majority of the native states to stay independent of the India or Pakistan dominion. So advisories had been issued to Princes for acceding to either of the dominion in greater interest of their people. There was no condition laid down in the Indian Independence Act directing that a Princely State could accede to India or Pakistan Dominion only by or before 14th August 1947. It was an unpleasant fact that Muslim League had got the partition of British India done on the basis of religion. Pakistan was to come up as an Islamic state. So, it was anticipated that there would be very large movement of Hindu and Muslim across the new boundaries. Since Pakistan was to be a theocratic state, more movement of Hindu from Pakistani areas was expected. Communal clashes on religious lines were feared. Therefore , it was suggested that decisions by Princely States ( that were with in British Indian Empire but outside British India ) are better taken before 14th August 1947. This was more to ensure that movements on the basis of religious faith take place before geographical partition of British India and are not spontaneous. Hence, taking decision about accession before 14th August was suggested to Princes for a peaceful transition.
The British was to retreat from the Indian lands in terms of Indian independence Act 1947. Indians had yet to decide for the model (say Constitution) for managing the affairs on their own. There were about 565 Princely States. Looking at the social, economic and geographic conditions that prevailed around 550 Princely States were likely to accede to India Dominion. So, for speeding up the process a common text of Instrument of Accession was designed by Lord Mountbatten for Princely States that were likely to accede to India Dominion. No such instrument was drafted by Mountbatten for States that could accede to Pakistan since the number of such states would have been just around 15.
Maharaja Hari Singh of J and K did not sign the Instrument of Accession before 15th August 1947. The reason more propagated, so far, for the delayed accession has been that Maharaja of Jammu and Kashmir was deliberating on the option of his State remaining independent. But there were also some other unwritten socio political reasons for Hari Singh not acceding to India by 15th August 1947
Pakistan and the ‘Kashmiri’ separatists have made full use of some events and quotes of the late 1940s and early 1950s to propagate the opinions regarding the 1947 accession of Indian state of J and K in their own style. Some of the opinions and approach towards J and K as were held by leaders like Jawahar Lal Nehru as have been often quoted by the anti- India elements and by some who have been questioning the authorities of Central Government do not hold any constitutional validities. But the anti India government and anti India Nation groups have been using those quotes in their own way with some success since so far no adequate / timely rebuttals or advisories have come from the Indian leaders / ‘Delhi’. Not only this, some separatist leaders like Sayeed Ali Shah Geelani have been very truthfully and candidly even declaring after 1990 that they do not treat their self as India Citizen but still Governments in Delhi have been so far treating them as Indian Citizens. Whereas such persons who do not treat themselves as Indian citizens in a way on their own shed their right to be Permanent Resident of J and K since as per Section-6 of J and K Constitution only a Citizen of India can be a Permanent Resident (State Subject) of J and K.
Whereas, the Governments in Delhi have so far not been able to ideologically defeat the game plans of the separatists and anti 1947 accession elements. The separatists and anti India elements have succeeded in finding some friends even from amongst the Indian Citizens. That is why it is so strange that inspite of there being a common text of Instrument of Accession for all acceding Indian Princely states the accession of no other state is discussed but that of J and K is discussed.
(to be continued)
(The writer is a social activist and a leading coloumnist on J&K affairs and can be reached at [email protected])
By Daya Sagar
Email:- [email protected]
