Theoretical overview
Accession of Princely States
26th October was Accession Day, the day the Indian princely state of Jammu & Kashmir formally acceded with Independent India Dominion in 1947 after the British retreated from India. It was Pakistan that had taken birth on 14th August 1947 and India, the Bharat, was already on the world map. The procedure and formal documentation as regards accession of J&K with India was no different than it was adopted for any other Princely State keeping in view the references as could emerge from the contents of the Indian independence Act 1947 of British Parliament as well as keeping in view that the constitution of Independent India was yet to be drafted.
J&K was already integral part of Bharat (India) on 26th Oct 1947; no doubt it became part of Independent India Dominion on 26th October 1947. So it is not that fair to say that when Maharaja Hari Singh Signed instrument of accession on 26th Oct 1947 and Lord Mount Batten accepted the same on 27th Oct 1947 J&K become integral part of India (Bharat), J&K in a way became part sovereign democratic republic as regards governance of affairs concerning India. Section-3 of The Constitution of Jammu and Kashmir too says that The State of Jammu and Kashmir is and shall be an integral part of the Union of India.
But since all these years the affairs have not been taken care with that seriousness people of J&K have been made to land in an environment of controversies and confusions where while Accession day of no other Princely State of British India Empire is observed it is only for J&K such references are made every year in Oct 1947. So need of the hour is that the real definitions, interpretations and truths about J&K being India’ are taken to the world community so as to remove any other wise impressions and definitions worth their getting carried by otherwise elements and expressions.
Since the affairs concerning the local needed of J&K all these years have remained entangled in the political lusts of the local leaders and the likes & dislikes of some prime Indian leadership among other things the issue of Accession of J&K too had been dragged into debates even by some so called mainstream (Indian Stream) leadership. Leadership of Pakistan born on the foundations of Communalism & Hatred too has all these years
used the happenings in Jammu & Kashmir for propping Mohd Ali Jinnah’s Two Nation theory. Some prime leadership of J&K too have used issues like delayed accession of J&K and contents of Instrument of Accession that the Prince of pre 1947 Indian Princely State of J&K Maharaja Hari Singh signed for India for keeping J&K in political turmoil. With the political adventurism diversifying in J&K, very recently, more particularly after 2010, even one of the Chief Ministers of J&K has tried to boil the controversies further by saying that J&K only acceded with India and has not yet merged where as other princely states merged with India after 1947. But no clarifications have been made by GOI. Nor has any advisory been issued by Union Government for the J&K Chief Minister. Hence it has been only due to such like mishandling of issues of national interest that ‘Accession Day’ this day observed only for J&K and not for any other state.
It has been opined by some that all other acceding states (princely) first acceded to Union of India and then merged with it, where as JK has only acceded and did not merge. Whereas the term ‘merger’ has no relevance to the ‘accession’ that the princely states of British Indian Empire had to execute with India Dominion or new Dominion of Pakistan as a result of British retreat and partition of India in 1947. To attract the attention of the innocent people as well as the general opinion holders Omar some anti people elements make use of the literary meaning of the term merger to promote his suggestion that J&K after 1947 accession cannot be considered as good an Indian state as is Punjab or Kerala. And very desperately these people quote the expressions like ‘own constitution’; state flag: Article-370- a Bridge/ Special Status/ Autonomy to support their expressions. To a common man the word merger means like the combining of two or more companies or combination of two or more companies creating a new organization or absorption of one by the other company or amalgamation or the extinguishment of an estate or estates by absorption into a greater one / others ones and the like.
Article-1 included in Part- I (The Union and Its Territory) of Constitution of India says that (1) India, that is Bharat shall be a Union of States, (2) The States and the territories thereof shall be as specified in the First Schedule. And in First Schedule State of J&K is mentioned at Sr No 15 along with other States of the Union without any separate or special reference. Not only is this no any reference made of even of Article 370 of Indian Constitution while defining the territories / States of India. So, from all technical angles the integration of the Indian Princely State of J&K with India Dominion has been total,
Hence there is utmost need to protect the innocent common masses from the ‘political’ sharks who have been all these years attempting to see a separate identity for J&K maintaining a distance from the Union of India as compared to other Indian states as part thereof (of India) even picading that we have our own Constitution. Whereas Section- 3 of J&K Constitution lays down that -The State of Jammu and Kashmir is and shall be an integral part of the Union of India.
The meanings/ spirits lying at the back of terms used by those who so seriously drafted in 1947 a uniform instrument of accession for a large chunk (nearly 550) of the Indian Princely States that had no viable future in acceding to newly born dominion of Pakistan cannot be drawn so casually The then Governor General of India Lord Mountbatten had not presented on 25th July 1947 any draft of an Instrument of “Merger” for the princely states that wished to “merge” with India Dominion like the one he had presented to them as the draft of common Instrument of Accession for those Princely States that wished to accede to India Dominion ?.Surely the fact and truth being violated is that there was no any instrument of or for merger and it the only decided document for completing the process was the drafted and accepted Instrument of Accession that was also used by J&K Prince on 26th October 1947.
Objective behind using the term merger was some acceding states by those who were doing spade work for drafting Constitution of India or/and were to complete the process of integration of tiny Indian States need be understood in the context of the times then prevailing and the status of some princes. Inferences cannot be drawn as casually as have been done even by leaders like Mr. Omar Abdullah in recent times.
No one has any right or option available to interpret the terms ‘Merger’ and ‘accession’ to one’s own choice. Inferences cannot be drawn beyond what the authors of the integration process of the Indian States had aimed for If at all the term merger has been used any where it has been for purposes of administrative and geographical conveniences with respect to some of the smaller states that acceded with India Dominion and were later merged with rach other or larger States to form new units. In 1947 many Princes were no more than simple tax collectors
& service providers. Some of the acceded princely states even lost their total identity while merging with other or larger princely states. Those who are today attempting to mis quote the facts, will have to be checked/stopped by GOL. Article- 370 comes nowhere in the way of GOI for proceeding against the ideologues who challenge or mis quote the facts on the integrity/sovereignty of India.
Government of India Act 1935 of British Parliament was ideologically accepted by the then Indian leadership. It was no more than a compromise under the circumstances and the Indian Independence 1947 had hence ultimately had to follow thereafter. But still to have a professional feel of the conditions that prevailed it could be said that Government of India Act 1935 in a way focused on :: the grant of a large measure of autonomy to the provinces of British India (ending the system of diarchy introduced by the Government of India Act 1919) provision for the establishment of a “Federation of India”, to be made up of both British India and some or all of the “princely states”
Princely States of India in Indian British Empire were just nominally sovereign entities of British India during the British Raj. No doubt they were not directly governed by the British, but were rather in a way under a form of indirect rule, subject to a subsidiary alliance and the suzerainty or paramount of the British crown.
There were 565 princely states in India at the time of independence in 1947, but a large number out of them had in a way only contracted with the Viceroy of India to provide public services and tax collection. Only 20-21 Princely states could be said as having governments that could be in the real sense named as State governments and from amongst them only four were large identities ie, Baroda, and Jammu & Kashmir, Hyderabad, Mysore. All the princes after accession were given pension. The accession process was largely immediate & smooth except in the case of Hyderabad and Jammu & Kashmir (where it was victim of personal ambitions of some and favoritism from others).
Integration of Indian states was also one of the objectives in hand with the British before the grant independence to India. This indirectly reflected from Indian Independence Act, 1947 that contained the provision like all treaties, agreements, etc. between His Majesty’s Government and the rulers of the Indian States to lapse; the words ‘Emperor of India’ to be omitted from Royal Style and Titles, the Indian states to be free to accede to either of the new Dominion of India or Pakistan, Monarchy to be abolished and hence annexation of the princely states.
In the National Provisional Government that was formed, Sardar Vallabhbhai Patel headed the State Department. With lapse of British Paramountcy and the constitution of Independent India Dominion yet to be drawn the only immediate proposal that could be mooted for accession of Princely States with India Dominion was to surrender atleast the subjects that were handled by the British Crown for the Native States ie. Defence, Foreign Affairs, Communication and the allied ones.
By 15th August, as many as 136 jurisdictional states acceded to the Indian Union. V P Menon got negotiated merger documents of smaller princely states with the larger ones like was done as regards small states of Orissa with the Province of Orissa. Similarly on 18th December 1947 the Chattisgarh rulers merged with the Central Provinces.
In between 17th to 21st January 1948 scores of minor states in Kathiawar entered into agreements to merge and form the Union of Kathiawar that started unified governance around February 15 1948. Similarly for geographical and administrative reasons, Baroda and Kolhapur were merged with the then Bombay Province; Gujarat states were also merged with the Bombay Province.
And like wise a process of accession of princely states with Union of India was set that was also at places followed by merger of many other tiny states with other smaller states/ larger provinces.
Out of the integration process taken in hand 61 other smaller acceding states were taken through merger exercises to form seven centrally administered areas like states of Himachal Pradesh, Vindhya Pradesh (present day Madhya Pradesh), Tripura, Manipur, Bhopal, Kutch and Bilaspur.
United States of Matsya, Union of Vindhya Pradesh, Madhya Bharat, Patiala & East Punjab States Union, Rajasthan and United States of Cochin-Travancore to passed through local merger exercises during the integration process taken for acceding princely states keeping in view the local geographical and administrative needs.
Points to remember
- the day the Indian princely state of Jammu & Kashmir formally acceded with Independent India Dominion in 1947 after the British retreated from India.
- Pakistan that had taken birth on 14th August 1947 and India, the Bharat, was already on the world map.
- The procedure and formal documentation as regards accession of J&K with India was no different than it was adopted for any other Princely State keeping in view the references as could emerge from the contents of the Indian independence Act 1947 of British Parliament as well as keeping in view that the constitution of Independent India was yet to be drafted.
- It has been opined by some that all other acceding states (princely) first acceded to Union of India and then merged with it, where as JK has only acceded and did not merge.
- Article-1 included in Part- I (The Union and Its Territory) of Constitution of India says that (1) India, that is Bharat shall be a Union of States, (2) The States and the territories thereof shall be as specified in the First Schedule. And in First Schedule State of J&K is mentioned at Sr No 15 along with other States of the Union without any separate or special reference.
- Section- 3 of J&K Constitution lays down that -The State of Jammu and Kashmir is and shall be an integral part of the Union of India.
- Objective behind using the term merger was some acceding states by those who were doing spade work for drafting Constitution of India or/and were to complete the process of integration of tiny Indian
- There were 565 princely states in India at the time of independence in 1947, but a large number out of them had in a way only contracted with the Viceroy of India to provide public services and tax collection. Only 20-21 Princely states could be said as having governments that could be in the real sense named as State governments and from amongst them only four were large identities ie, Baroda, and Jammu & Kashmir, Hyderabad, Mysore.
