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This day, that year, when J&K became an official part of India

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New Delhi, Oct 26: October 26 is an important day in the history of Jammu and Kashmir. It was on this day in 1947 that Maharaja Hari Singh, the ruler of then princely state Jammu and Kashmir, signed on the Instrument of Accession and decided to be part of India.

This day is, by and large, celebrated by the people of Jammu and Kashmir, barring the seperatists who observe it as a 'Black Day'. Hari Singh's decision to join India and the signing of the Instrument of Accession is at the center of so called Kashmir dispute between India and Pakistan.

This day, that year, when J&K became an official part of India

India claims that the accession is unconditional and final while Pakistan maintains that the accession is fraudulent. The very claim of India at every international forum, including the United Nations, that entire Kashmir is integral part of India is based on this signing of accession by Hari Singh.

When the British rule ended in 1947 on undivided India, there were over 562 princely states. Mohammed Ali Jinnah's demand for a seperate nation for Muslims led to partition and creation of the Dominion of Pakistan and the Union of India. Princely states were left to choose whether to join India or Pakistan or to remain independent.

Who would take this decision - the ruler of the pricely state or the people - remained a contetious issue. The widespread belief and the way it should have worked was ruler taking the decision while respecting the wishes of the population. Eventually, princely states with majority Hindu population, by and large, had no problems joining India. But Jammu and Kashmir was a special case.

Jammu and Kashmir was a Muslim majority state with a Hindu ruler. Pakistan made various efforts to persuade the Maharaja of Kashmir to join Pakistan. When Pakistan felt that Hari Singh may accecced to India, it organized a large-scale invasion of Kashmir by Pathan tribesmen. Hari Singh's forces could not stop the invasion by the fierce Pasthun tribesmen which was orchastrated by Pakistan to frighten Hari Singh into submission. Instead the Maharaja appealed to India for assistance, and the Governor-General Lord Mountbatten agreed on the condition that the ruler accede to India.

Here is the full text of the Instrument of Accession executed by Maharaja Hari Singh on 26 October, 1947, and accepted by Lord Mountbatten on 27 October, 1947.

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.

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.

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

  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").
  2. I hereby assume the obligation of ensuring that due effect is given to the provisions of the ACT within this state so far as they are applicable therein by virtue of this my Instrument of Accession.
  3. I accept the matters specified in the schedule hereto as the matters with respect to which the Dominion Legislatures may make laws for this state.
  4. 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 this state, then any such agreement shall be deem to form part of this Instrument and shall be construed and have effect accordingly.
  5. The terms of this my Instrument of accession shall not be varied by any amendment of the Act or of the Indian Independence Act, 1947 unless such amendment is accepted by me by an Instrument supplementary to this Instrument.
  6. Nothing in this Instrument shall empower the Dominion Legislature to make any law for this state authorizing the compulsory acquisition of land for any purpose, but I hereby undertake that should the Dominion for the purposes 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.
  7. Nothing in this Instrument shall be deemed to commit me in any way to acceptance of any future constitution of India or to fetter my discretion to enter into arrangements with the Government of India under any such future constitution.
  8. Nothing in this Instrument affects the continuance of my sovereignty in and over this state, or, save 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.
  9. 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 is to be construed as including to my heirs and successors.

Given under my hand this 26th day of OCTOBER nineteen hundred and forty seven.

Hari Singh

Maharajadhiraj of Jammu and Kashmir State. (Text of Instrument of Accession Source - Wikipedia)

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