Instrument of Accession (Jammu and Kashmir)

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Instrument of Accession (Jammu and Kashmir)
Instrument of Accession of Jammu and Kashmir state to the Union of India
Type Accession Treaty
Signed 26 October 1947
Location Srinagar/Delhi
Sealed 27 October 1947
Effective 27 October 1947
Condition Acceptance by the Governor-General of India
Expiration Perpetual Validity
Signatories Jammu and KashmirMaharajah Hari Singh,
IndiaLord Louis Mountbatten
Parties Jammu and KashmirJammu and Kashmir
IndiaDominion of India
Depositary Dominion of India
Language English

The Instrument of Accession is a legal document executed by Maharajah Hari Singh, ruler of the princely state of Jammu and Kashmir, on 26 October 1947.[1][2] By executing this document under the provisions of the Indian Independence Act 1947, Maharajah Hari Singh agreed to accede to the Dominion of India .[3][4]

In a letter sent to Maharajah Hari Singh on 27 October 1947, the then Governor-General of India, 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 the invader the question of the State's accession should be settled by a reference to the people.” [5] 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.[6][7] India claims that the accession is unconditional and final while Pakistan maintains that the accession is fraudulent.[8]

The accession to India is celebrated on Accession Day, which is held annually on October 26.[9]

The preamble states:

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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 shall, with such omission, additions, adaptations and modifications as the governor-general may by order specify, be applicable to the Dominion of India.

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And whereas the Government of India Act 1935, as so adapted by the governor-general, provides that an Indian State may accede to the Dominion of India by an Instrument of Accession executed by the Ruler thereof.

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Now, therefore, I Shriman Inder Mahander Rajrajeswar Maharajadhiraj Shri Hari Singhji, Jammu and Kashmir Naresh Tatha Tibbetadi Deshadhipathi, Ruler of Jammu and Kashmir, in the exercise of my sovereignty in and over my said State do hereby execute this my Instrument of Accession and

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1. 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").

It is further specified that:

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2. 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.

Thus the power of the Dominion to make laws was restricted to the matters mentioned in the Schedule namely Defence, Foreign Affairs and Communications and a few ancillary subjects specified in the schedule. For all other matters concurrence of the State Government was essential.[10]

It is generally accepted by scholars that the official Indian account of the signing of the accession document by Kashmir's maharaja - that it was signed in Jammu on 26 October 1947 - is inaccurate. However, Larry Collins and Dominique Lapierre, in their 1975 book Freedom at Midnight, have supported this date.[11] An Indian historian and commentator, Prem Shankar Jha, has argued that the document was signed by the maharaja on 25 October 1947, just before he left Srinagar for Jammu. [12] A British researcher, Andrew Whitehead, argues that the document was signed in Jammu on 27 October 1947 - a few hours after the beginning of an Indian military airlift to Srinagar to repulse an invading force of Pakistani tribesmen.[13]

Jammu and Kashmir Legislative Assembly election, 2014

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Main article: Jammu and Kashmir Legislative Assembly election, 2014

The Jammu and Kashmir Legislative Assembly election, 2014 was held in Indian state of Jammu and Kashmir in five phases from November 25 to December 20, 2014. Despite repeated boycott calls by separarist Hurriyat leaders,[14] elections recorded highest voters turnout in last 25 years, that is more than 65% which is more than usual voting percentage in other states of India.[15][16][17]

Phase wise voting percentage is as follow:

Voting phases in 2014 Jammu & Kashmir Assembly Elections
Date Seats Turnout
Tuesday 25 November 15 71.28%
Tuesday 2 December 18 71%
Tuesday 9 December 16 58.89%
Sunday 14 December 18 49%
Saturday 20 December 20 76%
Total 87 65.23%
Source:[18][19][20][21][22]

Indian authorities claim that more than 65% voters of Kashmir have voted in favour of "Instrument of Accession" in 2014 elections.[23]

See also

References

  1. ↑ Justice A. S. Anand, The Constitution of Jammu & Kashmir (5th edition, 2006), page 67
  2. ↑ Kashmir, Research Paper 04/28 by Paul Bowers, House of Commons Library, United Kingdom., page 46, 2004-03-30
  3. ↑ Patricia Gossman, Vincent Iacopino, Physicians for Human Rights,”The crackdown in Kashmir” (1993),page 10
  4. ↑ Bruce B. Campbell, Arthur David Brenner,” Death squads in global perspective: murder with deniability”(2002),page 271
  5. ↑ Thomas Bruce Millar,” The Commonwealth and the United Nations ”( 1967),page 26
  6. ↑ Sumit Ganguly, “Conflict unending: India-Pakistan tensions since 1947”(2001),page 154
  7. ↑ KASHMIR QUESTIONS by A.G. NOORANI
  8. ↑ Kashmir: The origins of the dispute by Victoria Schofield
  9. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  10. ↑ Instrument of Accession full transcription at jammu-kashmir.com
  11. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  12. ↑ Prem Shankar Jha, The Origins of a Dispute: Kashmir 1947, (2003)
  13. ↑ Andrew Whitehead, A Mission in Kashmir, (2007) - available online http://www.andrewwhitehead.net/full-text-a-mission-in-kashmir.html
  14. ↑ http://ibnlive.in.com/news/syed-ali-shah-geelanis-jk-election-boycott-call-resonates-in-his-hometown-sopore/516279-37-64.html
  15. ↑ http://www.deccanchronicle.com/141223/nation-current-affairs/article/jammu-and-kashmir-registers-highest-voter-turnout-25-years
  16. ↑ http://ibnlive.in.com/news/jk-polls-76-per-cent-voter-turnout-recorded-in-the-final-phase/519066-3-245.html
  17. ↑ http://www.ndtv.com/assembly/jammu-and-kashmir-registers-highest-voter-turnout-in-25-years-jharkhand-breaks-records-715845
  18. ↑ turnout in J&K from November 17, Rediff India, 2008-10-19, accessed on 2008-12-30
  19. ↑ J&K assembly polls: Voters defy separatists' election boycott call, 71.28% turnout in first phase, Rediff India, 2008-12-24
  20. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  21. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  22. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  23. ↑ http://www.greaterkashmir.com/news/2014/Dec/5/the-battle-of-ballot-and-boycott-5.asp

External links

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