somnath wrote:Rudradevji,
If that was the "standard form" signed in toto by everyone, I stand corrected (on the limited point on whether the document was specific to J&K)...Funnily though, the website says that it is maintained by the Revolutionary People's Front of Manipur!
No Somnathji, you do not stand corrected. Some might say you stand exposed as a rabidly anti-national peddler of propagandic filth, very convenient to the Pakistani point of view, as established fact:
Maharajah Hari Singh "agreed to accede to the Dominion of India on condition that the state retain its own constitution and autonomy in all matters except defense, currency and foreign affairs"
And yes, apparently this website
http://www.oocities.com/capitolhill/con ... 9-211.html which contains the Standard Form of ALL Instruments of Accession signed by all princely states which acceded to India, is maintained by the Revolutionary People's Front of Manipur.
Apparently, it is only secessionists, Pakistanis, and yourself who are still so obsessed with questioning the irrevocable, unconditional accession of these States to India, that you would question the Instrument under whose auspices the accession occurred, or seek to impugn it as "conditional". This is no doubt the intention of the RPFM when they hosted such a link on their website, and evidently one you share with them when you apply it to J&K.
If it is your contention that the draft of the Standard Form provided on this website is in any way inaccurate, please provide us with a source that demonstrates this.
Your entire argument was predicated on your assertion that the Instrument of Accession signed by Hari Singh to India was conditional, and specified that the ambit of GOI would only extend to "defence, foreign affairs and currency."
When challenged on this bit of Pakiness, you responded with a link to the Instrument of Accession signed by Hari Singh, as if to claim that there was something unique in the schedule of specific interim powers of legislation granted to New Delhi in the signing.
Now that you've been faced with the Standard Form, demonstrating that ALL princely states acceding to India signed the same IoA with the same schedule handing the same "limited" interim powers to the Dominion of India: you grasp at straws and find fault with the website hosts (who are probably no less anti-national than yourself in their motivations.)
Speaking of your own unimpeachable, pee-er reviewed sources: it's worth noting once again which toilet you lifted that piece of propaganda out of, as a
verbatim quote.
But coming to the issue, of how the Instrument of Accession is the basis of a "conditionl" accession, the historial (and legal) accounts are many (including in fact your "favourite AG Noorani")...
They are certainly many, and no matter how you strive to cherry-pick quotes from them to suit your essentially anti-national position on J&K's accession... not one of them bears out your assertion in the least.
Justice AS Anand, former Chief Justice, says this in his book "The Constitution of Jammu and Kashmir, its Development and Comments"..Page 139..
the constitution of India applies to the State of Jammu and Kashmir not proprio vigore but by virtue of the Instrument of Accession and subject to its terms and conditions giving reference of Sen DK a competitive study of the Indian constitution 1960 Volume I, P-115
Thus, where as all the States other than Kashmir merged into the Union and adopted the Constitution of India, Kashmir did nothing of the kind and its relationship continued to be based on the Instrument of Accession. The relationship of Kashmir with India was bound to be different from that of the other Indian States. The Constitution of India itself provides for the application of different terms and conditions to different States. There is no constitutional guarantee of equality of treatment of all the States under the Indian Constitution. Hence, the departure is made in the case of Jammu and Kashmir in the distribution of powers is not a violation of the principle of equality before law..
A departure has been made in view of the special circumstances in which the State was placed. The division of functions between the Central Government and the Government of Jammu and Kashmir was arrived at objective conditions of what powers ought to belong to which Government. It is based on Article 370 of the Constitution of India and the Instrument of Accession
If you had read the whole of Justice Anand's book, instead of picking out a few paragraphs most convenient to the Pakistani point of view, you would have realized that it is, in fact, about the development of the J&K constitution.
Most certainly Kashmir did not adopt the Constitution of India
proprio vigore, in 1950 when the other states did. This was for no other reason than that its dispensation was to be decided per the UNCIP recommendations of August 13, 1948 and January 9, 1949. Per those recommendations, the Pakistanis had to withdraw from J&K, and a referendum would be held in the entire state under *Indian* auspices. Pakistan, of course, refused to withdraw from the parts of the state it had illegally occupied and the resolutions *eventually* became moot.
The eventual political solution to that, which Justice Anand's book discusses but your carefully chosen quote does not: was to hold democratic elections for a constituent assembly in 1954. That assembly produced, in 1956, the following document:
http://www.kashmir-information.com/LegalDocs/140.html
This is the constitution of J&K, enacted in 1956. Please show me where in its entire verbiage the alleged conditionality of accession, or the alleged limitation of Union powers to "defence, foreign affairs and currency" (as you categorically asserted) are
even mentioned.
The passage you quote from Justice Anand's book refers to a period before this constituent assembly had been elected, and at which time J&K had not adopted the 1950 constitution of India for obvious reasons. What happened between 1950-56, which is in fact the substance of what Justice Anand's book narrates, renders the fact of J&K not adopting the 1950 constitution absolutely moot. Moreover, the non-adoption of the 1950 constitution by J&K had nothing to do with any "conditionality" of the Maharaja's accession to India... but only to do with the question of dispensation of the state, which was open in the UN at the time.
You are of course aware of Mountbatten's aceptance letter to Hari Singh on the accession. It said
my Government have decided to accept the Accession of Kashmir State to the Dominion of India. In consistence with their policy that in the case of any State where the issue of accession has been the subject of dispute, the question of accession should be decided in accordance with the wishes of the people of the State, it is my Government’s wish that as soon as law and order have been restored in Kashmir and its soil cleared of the invader, the question of State’s accession should be settled by a reference to the people
- Page 67
(Cope pasting from a pdf version of the book I have - couldnt find an e-book reference)
It really doesn't help your argument when when you post a segment of
Mountbatten's letter to Hari Singh on the accession. Nor does it bolster your credibility or pretensions to support the Indian national interest.
From your statement: Maharajah Hari Singh
"agreed to accede to the Dominion of India on condition that the state retain its own constitution and autonomy in all matters except defense, currency and foreign affairs"... the implication that Maharaja Hari Singh applied such a condition is obvious. It is also completely false, per the letter of Hari Singh to Mountbatten (the one that is actually relevant) on the matter of accession. That letter is here:
http://www.kashmir-information.com/LegalDocs/112.html
Nowhere in its text is any such conditionality even mentioned.
Neither is any such conditionality mentioned in the official document of acceptance of Hari Singh's accession by Mountbatten, dated 26th October 1947.
http://www.kashmir-information.com/LegalDocs/114.html
The pernicious nonsense about the "the question of State’s accession should be settled by a reference to the people" (which those like yourself cite as the basis for an anti-national case on the Kashmiri secessionists' behalf) is from a separate letter to Hari Singh from Mountbatten on the accession:
http://www.kashmir-information.com/LegalDocs/115.html
If you had India's interests at heart, which I firmly believe you do not, I'd ask you to read C R Das Gupta's "War and Diplomacy in Kashmir" to understand Mountbatten's machinations in this. Under direct orders from the Attlee government in London, Mountbatten and Douglas Gracey (his counterpart in Pakistan) had already decided that Kashmir must not eventually fall into Indian hands. The invasion of J&K by Pakistan had forced Mountbatten into the uncomfortable (for Britain) position of being forced to allow J&K's accession to India per the wishes of its ruler.
However, it was the strong belief of the British foreign office that any referendum among the TFTA Muslims of Kashmir would run in favour of Pakistan; hence the attempt to sabotage accession by introducing the idea of a "reference to the people" in Mountbatten's letter to Hari Singh; and hence the insistence by Mountbatten that Nehru take the problem before the United Nations rather than resolving it unilaterally.
Or is it that you already know this, and still persist in quoting Mountbatten's letter to Hari Singh to support your own attempt at impugning the accession by inventing a "conditionality"?
Also, quoting your "favourite", AG Noorani..
http://www.hinduonnet.com/fline/fl1719/17190890.htm
The ruler of Jammu and Kashmir acceded to India by an Instrument of Accession on October 26, 1947 in respect of only three subjects - defence, foreign affairs and communications. A schedule listed precisely 16 topics under these heads plus four others (e lections to Union legislature and the like).
Clause 5 said that the Instrument could not be altered without the State's consent. Clause 7 read: "Nothing in this Instrument shall be deemed to commit me in any way to acceptance of any future Constitution of India or fetter my discretion to enter into arrangements with the Government of India under any such future Constitution." Kashmir was then governed internally by its own Constitution of 1939.
The Maharaja made an Order on October 30, 1947 appointing Sheikh Abdullah the Head of the Emergency Administration, replacing it, on March 5, 1948, with an Interim Government with the Sheikh as Prime Minister. It was enjoined to convene a National Assemb ly "to frame a Constitution" for the State.
Negotiations were held on May 15 and 16, 1949 at Vallabhbhai Patel's residence in New Delhi on Kashmir's future set-up. Nehru and Abdullah were present. Foremost among the topics were "the framing of a Constitution for the State" and "the subjects in res pect of which the State should accede to the Union of India." On the first, Nehru recorded in a letter to the Sheikh (on May 18) that both Patel and he agreed that it was a matter for the State's Constituent Assembly. "In regard to (ii) the Jammu and Kas hmir State now stands acceded to the Indian Union in respect of three subjects; namely, foreign affairs, defence and communications. It will be for the Constituent Assembly of the State when convened, to determine in respect of which other subjects th e State may accede" (emphasis added, throughout). Article 370 embodies this basic principle which was reiterated throughout (S.W.J.N. Vol. 11; p. 12).
So the
conditionality of Kashmir's acession was a legal as well as political/strategic fact...You are right, possession is 9/10th of the law...But in a democracy, even the "law" needs to be tailored to vox pop, no?
AG Noorani, like yourself, is economical with the facts so as to utterly and completely distort the truth for his own purposes.
When Noorani says:
The ruler of Jammu and Kashmir acceded to India by an Instrument of Accession on October 26, 1947 in respect of only three subjects - defence, foreign affairs and communications. A schedule listed precisely 16 topics under these heads plus four others (e lections to Union legislature and the like).
Clause 5 said that the Instrument could not be altered without the State's consent. Clause 7 read: "Nothing in this Instrument shall be deemed to commit me in any way to acceptance of any future Constitution of India or fetter my discretion to enter into arrangements with the Government of India under any such future Constitution." Kashmir was then governed internally by its own Constitution of 1939.
He is deliberately neglecting to mention that ALL princely states signed an instrument of accession that, for the interim period before the Indian Constitution was enacted, gave the Dominion government in New Delhi exactly those limited powers of legislation per the attached schedule. As we have established, there is NOTHING unique about the Instrument of Accession Hari Singh signed. Clause 5 and 7 are, likewise, present in ALL Instruments of Accession signed by all princely states. Again, nothing unique in J&K's case here. Finally, internal governance was carried on by existing systems up until the point where the Indian Constitution came into effect, again in ALL states.
Given his agenda, I am hardly surprised that you quote him.
And yet again, you quote Noorani as the source for this canard:
Nehru recorded in a letter to the Sheikh (on May 18) that both Patel and he agreed that it was a matter for the State's Constituent Assembly. "In regard to (ii) the Jammu and Kashmir State now stands acceded to the Indian Union in respect of three subjects; namely, foreign affairs, defence and communications. It will be for the Constituent Assembly of the State when convened, to determine in respect of which other subjects th e State may accede" (emphasis added, throughout).
These were the subjects under which ALL princely states acceded to the Dominion of India per their respective Instruments of Accession. Since the letter quoted here is dated May 18, 1949, the Indian Constitution had not been enacted, and J&K was in no way unique in terms of the limited interim powers of legislation granted to the Dominion. It had nothing whatever to do with
*conditionality*, such as you and the Pakis allege.
The J&K Constitution drafted by the elected constituent assembly of the state in 1956 fully and finally put paid to any of these limitations that the secessionists (and Maino-supported Omar Abdullah) hold to have been applicable
sine die.
So the conditionality of Kashmir's acession was a legal as well as political/strategic fact...You are right, possession is 9/10th of the law...But in a democracy, even the "law" needs to be tailored to vox pop, no?
I think the Maino-Manmohan Cabal is about to find out what the vox pop in this country is really saying. Try as they might to hide their own abject sell-out of Jammu & Kashmir... even to the extent of twisting the "law", as they did on Republic Day 2011.