Inside story of Kashmir’s accession in India

The Maharaja and the Muslim Conference wanted independence

MAHARAJA Hari Singh, the ruler of the State of Jammu and Kashmir, failed to take any decision before 15 August 1947. What reasons prompted him not to accede the State to either of the Dominions was perhaps the fact that he had three alternatives. He was free not only to accede to either of the dominions but he had also an alternative to declare the independence of the State, and thus, the State would remain as an independent and sovereign state. His momentary decision turned the course of events more than anything else. Had he acceded to Pakistan, India would have been accepted his decision, as Lord Mountbatten, then GovernorGeneral, had already assured the ruler on behalf of the Government of India. Similarly, if he had chosen to cast his lot with India, no problem would have arisen, because before August 15 Pakistan had not even come into existence.

The Ruler, in his decision to remain independent, was supported by Ram Chandra Kak, the then Prime Minister of Kashmir. He was a man without vision and equally bereft of tact and political judgement. The Maharaja was also supported on this issue by the Muslim Conference, a political party of the State which since 1944 had been competing with the National Conference, another political party, for the loyalty of the Kashmiri Muslims. In May 1947, before the lapse of Paramountcy, the Acting President of the Muslim Conference in a Press statement, pleaded for independence and assured to the Maharaja for the support and cooperation of the 80 percent Muslim population of the State. The Conference assured the Ruler that he would be acclaimed as the first constitutional king of a democratic and independent Kashmir. Ghulam Ahmad, the Deputy leader of the Muslim Conference, made an appeal to te Maharaja on 21 May 1947, to declare Kashmir an independent State. Sheikh Abdullah, a prominent leader of the State, had also pleaded in the past on a few occasions for the independence of the State. Later on, Pandit Jawaharlal Nehru, while recalling the State’s decision, stated in Parliament, ‘The house is aware that on the lapse of Crown Paramountcy on the 15th August, this year, Kashmir did not accede to either Dominion. We were of course, vitally interested in the decision that the State would take. Kashmir, because of her geographical position with her frontiers with three countries, namely the Soviet Union, China and Afghanistan, is intimately connected with the security and international contacts of India. Economically also Kashmir is intimately related to India. The carvan trade routes from Central Asia to India pass through the Kashmir State.’

The insistence of the Prime Minister of the State and the persuasion of the Muslim Conference had led the Maharaja to cherish the dream of an independent State of Jammu and Kashmir, which at that time was looking real. But events moved fast and the ruler who had dreams of an independent Kashmir, offered a standstill agreement to both India and Pakistan. After the visit of Lord Mountbatten in June 1947, leaders of the Indian National Congress visited the State that followed the replacement of the Prime Minister of Kashmir by a militant Dogra, Janak Singh, and later by Mehar Chand. The Prime Minister of Kashmir in a telegram on 12 August 1947, announced his dicision to negotiate standstill agreements with both India and Pakistan. The ‘Standstill Agreement’ contained the provisions which were merely temporary arrangements to maintain status quo and to avoid an administrative vacuum after the lapse of paramountcy. The subjectmatters of the Standstill Agreements which were offered to India and Pakistan were different.

Offers made to Pakistan in a telegram under the standstill agreement included communications, supplies, Post office and telegraphic arrangements, and ‘nothing else’. The Government of Pakistan accepted the offer by an exchange of telegrams on 16 August 1947. By this agreement Pakistan had assumed responsibility for carrying on communications and supply functions of Kashmir. In an effort to impress the Maharaja with the urgency of accession to Pakistan, a virtual blockade was imposed by which badly needed supplies like food grains, cloth, kerosene, salt and suger were completely stopped. This pressure was serious, because it was not easy for Pakistan to obtain these essential supplies from India on account of the difficulty of communication. This was how the Pakistan Government honoured the standstill agreement. The action of Pakistan was condemned by the Maharaja of the State. On October 15, Mehar Chand, the then Prime Minister of Jammu and Kashmir, complained to the British Prime Minister against Pakistan for violating the terms of Standstill Agreement. But no reply came from the British perhaps because of the fact that the suzerainty of His Majesty over the Indian States had lapsed and all treaties and agreements with the Rulers of Indian States had terminated.

The telegram which sent to the Government of India stated that the ‘Jammu and Kashmir Government would welcome Standstill Agreement with the Union of India on all existing matters with the outgoing British India Government.’ It was suggested that the then existing arrangements should continue, pending settlement of details of formal execution of fresh agreements. Thus, the offer made to India was extended to many other subjects besides those contained in the telegram sent to Pakistan, such as external affairs, control of defence etc. The language of the Standstill Agreement permitted the Indian Government even to use force should the state be attacked by any foreign power, in the same way as could be done by the British Government under the Provisions of the Treaty of Amritsar, 1846.

In response to the telegram under Standstill Agreement, the Government of India did not show any haste and refused to accept as it was sent. Its reply said, ‘Government of India would be glad if some duly authorised minister could fly to Delhi for negotiating Standstill Agreement between the Kashmir Government and Indian Dominion’. It also did not like to put any sort of pressure on the Maharaja. Nehru recalled, ‘Nevertheless, we did not put the slightest pressure on the State to accede to the Indian Dominion, because we realised that Kashmir was in a very difficult position. We did not want mere accession from the top but an association in accordance with the will of her people. Indeed, we did not encourage any rapid decision. Even in regard to a standstill agreement, no speedy steps were taken by us, although Kashmir had entered into a standstill agreement with Pakistan soon after the 15th August’. But it is also not unlikely that the Government did not accept the offer as it was the general policy of the States’ Department not to sign a Standstill Agreement until the Instrument of Accession had been signed by the Ruler of the State. Since the Maharaja had not signed the Instrument of Accession, the Government of India was not expected to accept the offer.

It is also not unlikely that the Government did not accept the offer as it was the general policy of the StatesÊ Department not to sign a Standstill Agreement until the Instrument of Accession had been signed by the Ruler of the State. Since the Maharaja had not signed the Instrument of Accession, the Government of India was not expected to accept the offer