Instrument of Accession (Jammu and Kashmir) executed by Maharaja Hari Singh on 26 October 1947

The full text of the Instrument of Accession (Jammu and Kashmir) executed by Maharaja Hari Singh on 26 October 1947 and accepted by Lord Mountbatten of Burma, Governor-General of India, on 27 October 1947, is as follows:

“ 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

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”).

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.

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.

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.

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.

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.

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.

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.

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.

I do hereby accept this Instrument of Accession. Dated this twenty seventh day of October, nineteen hundred and forty seven.

(Mountbatten of Burma, Governor General of India).

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Author: fernzthegreat

Joe Fernandez holds a honours degree in management, majoring in economics, and has opted from academia in law to being a jurist. He was trained professionally on the job as a journalist. He's a longtime Borneo watcher, keen on the history and legal aspects of Malaya's presence in Sabah and Sarawak. He teaches the English language privately and has emerged as a subject matter expert in public examination techniques.

5 thoughts on “Instrument of Accession (Jammu and Kashmir) executed by Maharaja Hari Singh on 26 October 1947”

  1. It was tribals from Pakistan who seized the northern portion of Kashmir after it, and 500 other princely states, signed the Instrument of Accession to the Indian Union, formerly British India.

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  2. People with ancestral ties to that land for generations, get to decide. Not the king and certainly not Joe Fernandez whose parents and grandparents never lived there.

    The partition of the British Indian Empire was done on the agreement of most Muslim majority regions becoming Pakistan, and the remaining becoming what is called dominion of India. Kashmir valley is Muslim majority, Jammu and Ladakh are Hindu and Buddhist majority. Kashmir definitely should be within Pakistan if one goes by that rule.

    Never the less, People should decide. The U.N security council has called upon both the countries to withdraw their troops, and for a plebiscite to be held. That is the right and legal way to do things.

    Seriously lah, focus on solving problems at home, instead of looking far away where you have no personal connections or ties with.

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    1. India is a secular state.

      Pakistan was supposed to be an Islamic state but has remained secular.

      Zia ul Haq once threatened Pakistanis, “if you don’t want to be an Islamic state, we might as well return to India”.

      “You are going to be an Islamic state, whether you like it or not.”

      He was blown up over Pakistan not long after that. His plane tried to land but was not allowed to do so. Even the American Ambassador died in that crash.

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      1. Nothing is going to happen to Pakistan. There are lots of nice people who live there, very refined people, very polite people. If one keeps looking at negative things, one will find negative things. You are a Christian. Jesus teaches to pray for your enemies. To bless your enemies, not to curse them.

        India is a secular state on paper, there is lot of discrimination and caste based violence and religious violence taking place there too. India is no heaven either. Every country has problems.

        You are happy in Malaysia. BJP-RSS won’t like you with the name Joseph Fernandez who likes to eat beef.

        You are a keralite, I am a half-Keralite. We both know Travancore’s king wanted to be independent like Bhutan, but later decided to join the Indian Union reluctantly. India is a collection of states, kingdoms and countries that “became” a republic. It has its share of violence and religious hatred, as much as Pakistan may also have.

        Bad people are everywhere. USA has also destabilized Pakistan by creating the Taliban used to fight Soviet Union. You are a journalist you should know this better what happened in 1980s. Pakistan unfortunately became a puppet in all this.

        Imran Khan already admits mistakes.

        My father’s roots are from Mallapuram. My mother is from Malaya.

        I am a proud Kutty Muslim. I visit India time to time. Air Asia flights are cheap.

        Thank you Tony Fernandes.

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