Prof. G.M. Athar
The politically informed people of Kashmir know it very well that as per the Indian Independence Act passed by the British Parliament on18th July 1947, the rulers of the 562 princely states of Indian subcontinent including Hari Singh were supposed to take a decision about the political future of their respective kingdoms well before the lapse of British paramountcy on 15th August 1947. The Indian Independence Act 1947 had also stipulated that with the lapse of British paramountcy in the Indian subcontinent, all the treaties and agreements signed by the British Crown with the princes would cease to exist.The Indian Independence Act1947 had laid down the two basic principles of geographical contiguity and demographic composition of the princely states as the basis on which the princes were supposed to choose one among the three theoretical options, which included: (1)To stay within Indian Union; (2).To have accession with Pakistan; and (3) To stay independent with proper arrangements of defence and communication.
To avoid the partition of Dogra kingdom of Jammu and Kashmir on the basis of religion and also to continue his autocratic rule, Hari Singh preferred to stay independent. He submitted the Standstill Agreement by an identical telegram to both India and Pakistan on 12th August 1947. The basic purpose of the Standstill Agreement was to continue the pre-existing relations of the Dogra kingdom with the Indian Union and Pakistan during the transitional period. The Government of Pakistan accepted the Standstill Agreement in principle pending details on 16th August 1947. The Government of India suggested Hari Singh to depute any Cabinet Minister to New Delhi for the purpose of discussing the details of the Standstill Agreement. Hari Singh was reluctant to have a deal with New Delhi, because at that point of time he feared that Congress leadership may support Sheikh Mohammad Abdullah to become the head of the Muslim dominated Jammu and Kashmir State.The delay in deciding the political future of Jammu and Kashmir filled Pakistan with suspicion that India my capture Kashmir by force after the winter snowfall on the mountain passes. So the Pakistani agencies sponsored tribal incursion in Kashmir Valley on 22nd October 1947, which compelled Hari Singh to request friendly military assistance from New Delhi on 24th October 1947. Sheikh Mohammad Abdullah all set to become the head of the Government of Jammu and Kashmir State with the support of Pandit Jawaharlal Nehru, Prime Minister of India, also rushed to New Delhi to seek military assistance from New Delhi.
Both Hari Singh and Sheikh Mohammad Abdullah looked for Indian defence, but there was a big difference in their respective motives. Hari Singh wanted to continue his autocratic rule with the help of Sardar Vallabhbhai Patel, Deputy Prime Minister of India, whereas Sheikh Mohammad Abdullah wanted to acquire political power with the help of Pandit Jawaharlal Nehru. Keeping in view the fact that Sheikh Mohammad Abdullah represented the Kashmiri nation so both Pandit Jawaharlal Nehru and Sardar Vallabhbhai Patel stressed the need for induction of Sheikh Mohammad Abdullah in the Jammu and Kashmir administration by Har Singh, the de facto ruler of the former Dogra princely state. However, Lord Mountbatten, Governor General of India maintained that accession of Jammu and Kashmir State with Indian Union prior to deployment of Indian troops in Kashmir is a must.To make use of the opportunity unfolded by the tribal raid both Pandit Jawaharlal Nehru and Sardar Vallabhbhai Patel stressed the need for accession of Jammu and Kashmir State with Indian Union prior to any military assistance. Thus Hari Singh signed the Instrument of Accession of Jammu and Kashmir State with Indian Union with respect to defence, foreign affairs and communication on 27th October1947. Hari Singh appointed Sheikh Mohammad Abdullah as the Chief Emergency Administrator of Jammu and Kashmir State on 29th October 1947.
As a de facto ruler of the pre-15th August Dogra kingdom Hari Singh requested military assistance from New Delhi to secure Jammu and Kashmir from the tribal warriors.However, Hari Singh had no legal authority to sign the Instrument of Accession of Jammu and Kashmir State with Indian Union because the Treaty of Lahore between Sikhs and East India Company by which Gulab Singh became the Maharaja of Jammu Kingdom on 9th March1846, the Treaty of Amritsar between Gulab Singh and East India Company by which Kashmir Province was incorporated with Jammu Kingdom on16th March1846 and the Treaty of 2nd November1858 between the British Crown and the 562 princely states of Indian subcontinent by which the princes became the allies of British Crown expired on 15th August 1947. The President of All Jammu and Kashmir National Conference, Sheikh Mohammad Abdullah being the most popular leader of Kashmiri nation allied with Indian National Congress leadership in general and Pandit Jawaharlal Nehru in particular from1935 onwards to abolish the Dogra autocracy from the Jammu Kashmir. Although the legal authority to govern Jammu and Kashmir was with Hari Singh,yet it was Sheikh Mohammad Abdullah who enjoyed the popular support to determine the course of political events in the former Dogra kingdom from1931 onwards.
As mentioned above, the legal authority of Hari Singh had ceased to exist after the lapse of British paramountcy in the Indian Subcontinent on15th August 1947. Hari Singh had no legal and constitutional authority to sign the Instrument of Accession of Jammu and Kashmir State with Indian Union on 27th October 1947. He had neither any authority to appoint Sheikh Mohammad Abdullah as the Chief Emergency Administrator of Jammu and Kashmir State on 29th October 1947 nor to upgrade him as the Prime Minister of Jammu and Kashmir State on 5th March1949. Similarly, Hari Singh had no legal authority to appoint Karan Singh as the Head of the autonomous Jammu and Kashmir State on 20th June1949.Sheikh Mohammad Abdullah was the most popular leader of Kashmiri nation in1947. He invited the Indian troops to Kashmir on 24th October 1947 who landed at Srinagar Airport early in the morning on 27th October 1947. Sheikh Mohammad Abdullah declared publicly at Lal chowk Srinagar, following his oath taking ceremony as the Chief Emergency Administrator of Jammu and Kashmir State on 29th October 1947 that Kashmiries want to stay with Indian Union. Permanent nature of Article 370 was not accepted by the Indian Constituent Assembly in October 1949, although Sheikh Mohammad Abdullah had threatened to resign from the Indian Constituent Assembly. Sheikh Mohammad Abdullah got the support of the people of Kashmir in1951 elections and the Constituent Assembly of Jammu and Kashmir State ratified the accession of Jammu and Kashmir State with the Indian Union on 16th February 1954.
The silent majority of people in Jammu and Kashmir State stood for an independent country in1947.The Pakistan sponsored tribal warriors who entered Kashmir on 22nd October 1947 were perceived as invaders by the pro-independence Kashmiri nationalists but as liberation forces by the pro-Pakistan Muslim nationalists and Islamists. Once Sheikh Mohammad Abdullah was removed from the Prime Ministership and put behind the bars on 9th August 1953, the Kashmiri nationalists, Muslim nationalists and Islamists united under the banner of Jammu and Kashmir Plebiscite Front, established by Mirza Mohammad Afzal Beigh on 9th August 1955.The main demand of Jammu and Kashmir Plebiscite Front was granting the right of self-determination to the people of Jammu and Kashmir State. Although the Plebiscite Front was dissolved on 25th November 1974, it took the form of Muslim United Front in1987.The rigging of Jammu and Kashmir State Legislative Assembly elections in 15 Assembly segments and the defeat of five winning MUF candidates in Kashmir Valley as well as the misuse of divisional civil and police administration by National Conference-Congress alliance led to the rise of Pakistan supported militancy in Kashmir Valley in mid-1988.The establishment of All Parties Hurriyat Conference led by Mirwaiz Umer Farooq in 1993 emerged as the political wing of the armed liberation struggle against Indian control over the Muslim dominated Greater Kashmir.
The participation of Kashmiri Muslim youth in the armed struggle against Indian control over Greater Kashmir rendered the pro-India decision of Hari Singh and Sheikh Mohammad Abdullah as an ephemeral solution.The option of continued accession of Jammu and Kashmir State with Indian Union became unacceptable to a very significant proportion of people if not the dominant Muslim majority of Greater Kashmir.The abrogation of Article 370 and Article 35-A of the Indian Constitution by the BJP-led NDA Government on 5th August 2019 has been opposed by the people of the downgraded state in general and the Muslims of Jammu, Kashmir and Ladakh in particular.The pro-India verdict of the Supreme Court of India on11th December 2023 has dashed to ground the hopes of the people of former Jammu and Kashmir State.The options of rmed struggle against Indian control over Greater Kashmir, democratic movement for restoration of the autonomous status of Jammu and Kashmir State and the legal battle for restoration of autonomous status of the former Muslim dominated state have been already exhausted in the conflict-ridden political territory.Therefore, the democratic struggle for restoration of the statehood of Jammu and Kashmir Union Territory and the protection of its State Subject Laws under the Article 371-K by amendment to the Constitution of India are the only possible short-term options left with the Kashmiri nation to have peace and development in Jammu and Kashmir.
The author can be reached at ghathar@yahoo.co.in