Accession of J&K with India is final
By Ronik Sharma
Jammu and Kashmir became a part of Bharat on 26th October 1947 through an Instrument of Accession signed between Maharaja Hari Singh and government of India. J&K as a state emerged in 1846 through treaty of Amritsar when Gulab Singh became the sovereign and independent ruler of J&K.
Since then, J&k was an independent sovereign state under all legal norms. At the time of independence of India, all the major supplies to the state were from the territories controlled by Pakistan. That did not mean it did not have close relations with India.
Keeping in view this thing, Maharaja Hari Singh sent two telegrams, one to the Indian Dominion and other to Pakistan Dominion to continue already existing arrangement for the time being. The government of Pakistan accepted it but government of India requested that the Maharaja himself, or someone on his behalf, visited Delhi to discuss the details.
This means that the Standstill Agreement was accepted by Pakistan and not by India. Maharaja wanted to go to Delhi to discuss the details but Pakistan kept him busy by creating troubles on borders. Up to 20th October 1947, Mohammad Ali Jinnah sent his ambassador thrice to Maharaja with a letter that as J&K being a Muslim-majority state, the sovereign should join Pakistan.
When Jinnah realised that Maharaja was more inclined towards India, Pakistan launched attack on J&K with the help of paid tribals. Thus, Pakistan itself violated its Standstill Agreement with Maharaja Hari Singh.
On 26th October, 1947, the Maharaja independently singed Instrument of Accession with Bharat. On 27th October 1947, when J&K had already become a part of India, Indian forces landed in J&K and repelled Pakistani attack.
There are many scholars who point out that the Maharaja wanted to be independent because he did sign the Instrument of Accession on 15th August 1947. But this is wrong it was Pakistan which made all efforts to stop the Maharaja from signing the document with India.
There is another argument given that the Maharaja was not competent to sign Instrument of Accession but this is also wrong legally. Maharaj Hari Singh, being a heir of Maharaja Ghulab Singh, was legally sovereign and independent under Treaty of Amritsar. Moreover, the letters of Mohammad Ali Jinnah through his representatives also addressed Maharaja as sovereign.
As such, the Maharaja was fully competent to sign the Instrument of Accession with Bharat.
This Instrument of Accession was further strengthened by Section 3, 5 and 147 of J&K Constitution. This was drafted and approved by J&K Constituent Assembly which clearly states that accession of J&K with Bharat is full and final and cannot be revoked by any amendment.
So, the accession of J&K with Bharat is legally and constitutionally correct. It cannot be challenged by any biased and vested interests working on the agenda of anti-national forces.