K B Jandial
By all counts, the Accession Day is a day of fulfillment and jubilation but it is not celebrated as such. Why? Is it because the “nationalist forces” and mainstream parties lacked commitment and courage to take the separatists and their likes head on who have converted the historic day in to a black day?  The Govts. at the State and the Centre too preferred to look the other way, giving a confused signal to people about the “disputed” status of the State. Confusion prevailed with occasional statements of political leaders holding responsible positions; some describe the accession as “conditional” while others seek resolution of Kashmir “dispute”. Is overwhelming majority of the people still waiting for “finality of accession” or resolution of “Kashmir dispute” which all Kashmir centric parties are parroting?
While 13th July is officially observed as martyrs’ day with a holiday, being the major catalyst of the struggle against feudal rule, why same status is not accorded to 27th October (1947) which marks a happy culmination of the same struggle? Despite finality of the accession after the State’s Constituent Assembly ratified it on 6th February, 1954, the Day has never been celebrated officially during the last 68 years. BJP and other Jammu centric political parties like Panthers had been celebrating the Day symbolically with Separatists in Kashmir observing it as black day. The Congress and other mainstream Kashmir based parties, however, had been maintaining safe distance from these celebrations.

straight talk

Leave aside the Chief Ministers and Ministers, even the successive Governors, representatives of the Centre, had never issued message of greetings to the people for taking a correct decision. By and large the Day goes down as a non event, thanks to the wrong policies of the Govts.
With BJP in the Govt. in the State for the first time, why it is not celebrated officially as a Day of Fulfillment? Why it can’t be accorded as State Day with official messages of greetings coming from Governor, Chief Minister, Dy. CM and all others, illumination of main Govt. buildings and holding of well attended official functions at all district headquarters as is done on I-Day and R-Day. Will the BJP take the call?
Amidst columns of Pak army supported invaders inching towards Srinagar, Maharaja Hari Singh on 26th October, 1947 finally signed the Instrument of Accession and with its acceptance by the Governor General of India, Lord Louis Mountbatten next day, Jammu & Kashmir formally became a part of Indian Dominion, ending its over two months’ uncertainty.
Lord Mountbatten, however, simultaneously wrote a separate letter to the Maharaja referring to the extraordinary situation explained by him in his letter, and conveyed, “My Govt. desires that as soon as peace is restored and the State is cleared of the aggressor the issue of accession should be resolved after the people’s will is ascertained.” ( Aatish-e-Chinar). This separate letter has no legal sanctity as the only requirement was the signing of Instrument of Accession by the Ruler and its acceptance by the Governor General. There was no provision in Government of India Act of 1935 or the India Independence Act, 1947 for conditional, deferred, temporary or provisional accession. But still this desire was met.
In law no condition can be attached from either side to the Instrument of Accession. Some rulers had sent covering letters with Instrument of Accession, listing conditions subject to which the accession was signed. These were returned as it had to be unconditional. (Integration of the Indian States by V P Menon) Mountbatten’s separate letter is at best an advisory keeping in view the fact that it was Muslim majority state whose ruler was Hindu, and also in the spirit of democracy. As Sheikh Abdullah himself said in the Constituent Assembly, “legally it was the Maharaja who had to sign it.”
In his autobiography, Aatish-e-Chinar, Sheikh Abdullah records the meeting at Nehru’s residence held to consider the Instrument of Accession, in which his support saved the day for all. He writes that V P Menon, Secretary, Ministry of States and Mehr Chand Mahajan, Maharaja’s PM on arrival at Delhi with signed Instrument of Accession, were taken to Pt. Nehru’s residence where Sheikh was also present as Nehru’s guest.  He wrote that “Nehru got into a rage” on Mahajan’s words of urgency for rushing the troops to Kashmir otherwise they will go to Jinnah. However, Nehru was mollified when Sheikh told him that National Conference supported the accession. Accordingly, it was accepted and the troops rushed to Srinagar on 27th October.
Before ratification of the accession, the J&K Constituent Assembly discussed thread bare three options as provided by the Cabinet Mission, as advised by Sheikh Abdullah. In his inaugural address to the newly elected State Constituent Assembly on 5th November, 1951, he listed four major tasks before it including the question of accession. Talking about these options, Sheikh discussed each option in detail with merits and demerits.
On joining Pakistan, Sheikh said, “the main argument in its favour is that it is a Muslim State. This claim is of course a camouflage. It is a screen to dupe the common man so that they may not see clearly that Pakistan is a feudal state in which a clique is trying by these methods to maintain itself in power. In addition, the appeal to religion constitutes a sentimental and a wrong approach to the question. Right thinking men would point out that Pakistan is not an organic unity of all the Muslims in this sub-continent…The total population of West Pakistan, our immediate neighbour, is hardly 25 million, while the total number of Muslim residents in India is far more-40 millions”.
Indicating his rejection of Pakistan, Sheikh said, “Looking at the matter from a more modern political angle, religious affinities alone should not normally determine the political alliances of State… These days economic interests and commonality of political ideas more appropriately influence the policies of the State”. He referred to one million non-Muslim population of the state which was part of their common struggle and said, “As things stand at present, there is no place for them in Pakistan”.
Discussing the option of Independence and making Kashmir Eastern Switzerland, the Sheikh said, “…to us as a tourist country it could have certain advantages. But in considering independence we must not ignore the practical consideration. Firstly, it is not easy to protect sovereignty and independence in a small country… secondly, we must have goodwill of all neighbours .Can we find powerful guarantors among them to pull together always in assuring our freedom from aggression? I would like to remind you that from August 15, 1947 to October 22, 1947 our State was independent and the result was that our weakness was exploited by the neighbour with whom we had a valid Standstill Agreement”.
On accession with India, Sheikh was emphatic. He said that it was “the kinship of ideals which determined the strength of ties between two States. The Congress has consistently supported the cause of the State’s people’s freedom. The autocratic rule of Princes has been done away and representative Govts. have been entrusted with the administration… If we accede to India there is no danger of revival of feudalism and autocracy. Moreover, during the last four years, the GOI has never tried to interfere in our internal autonomy. This experience has strengthened our confidence in them as a democratic State.”
He said, “Indian Constitution has amply and finally repudiated the concept of a religious State, which is a throwback to medievalism, by guaranteeing the equality of right of all citizens irrespective of religion, colour, caste and class”.
Even outside the Constituent Assembly, Sheikh was consistent in his views about the accession with India. In a statement on 12th April, 1952, he said,” The decision of the people of Kashmir to accede to India was irrevocable. Under no circumstances would Kashmir lower the Gandhian flag of secular democracy.”
Sheikh’s words echoed the Darbar Garh Hall as guiding principles even in his absence on 3rd February, 1954(Sheikh Abdullah and 4 other members of the House were in jail) when it took up the Motion to ratify the accession and later adopted unanimously. Continued for 4 days, as many as 32 members participated in the debate with dissect of one member, Abdul Gani Goni, who was not against the accession but favored inclusion of State’s right to secede. Bakshi Ghulam Mohd regretted that Sheikh sahib and four other members of the House were not with them at this historic moment but he extensively quoted his speeches like “our accession to India was irrevocable and no power on earth would break it.”
Bakshi declared, “This House declares to the whole world that the future of Kashmir will be decided by the House itself and not by anybody else or the Security Council or any other institution. The decision we are taking today cannot be amended or altered.” While adopting the Motion, he said, “Today is a day of fulfillment for all- a day when we finally and triumphantly assert our right to decide our own future, free from threats of force and outside dictation.” He continued, “Today is day of jubilation and festivity for us. Today, we can hold our heads high because we see our dreams and aspirations being realized now…”
The accession was finally ratified on 6th February, 1954 by the J&K Constituent Assembly, which represented the collective will of the people of the State. The finality of accession and J&K being an  “integral part” of Union of India is unambiguously recorded in the first part of the preamble of the State constitution. Section 3 of the Constitution also closed the issue of J&K’s relationship with India, “The State of Jammu & Kashmir is and shall be an integral part of the Union of India.” And its section 147 totally debars amendment of Section 3 and thus settled Kashmir Issue for ever. If ever there is an issue it is regarding POK for which Section 48 provides 24 seats in Legislative Assembly.
Ratification of Accession by the Constituent Assembly, meets the desire of the Governor General to ascertain the will of the people even though aggression has not yet been vacated.
The UN resolution of plebiscite has become redundant which is only used by Pakistan and separatists as sheer rhetoric. Sure about its defeat in the face Sheikh’s popularity, Pakistan deliberately did not fulfill the conditions of plebiscite attached with the UN resolution and instead continued to engineer unrest in Kashmir. Their repeated demand for its implementation has failed to evoke any response either from UN or the world community. Even Nehru who confidently declared to seek the views of the people through plebiscite at one stage realized its futility. On 25th August, 1952, Nehru wrote to Sheikh Abdullah, “After my experience of the UN, I came to the conclusion that nothing substantial could be expected from it. It is clear that we would not give in on any basic point, whatever the UN might say. Pakistan would not simply walk out and revert to status quo ante-war… It became clear to me that we would never get the conditions necessary for a plebiscite. Neither side would give in on this vital issue, and so I rule out the plebiscite for all practical purposes.”
On return from political wilderness, Sheikh returned to mainstream politics and became the Chief Minister under Indira –Sheikh Accord on February 1975 and he, Afzal Beg and other colleagues took oath of the same Constitution, the foundation of which he had laid. So, he accepted the Constitution.
Despite the reality why our leaders are continuing to flog the dead horse? Why we are helping Pakistan by keeping issue alive in our domestic politics? Why can’t the mainstream leaders who take oath of the State Constitution which declares J&K as an integral part of India, stop talking about Kashmir “dispute” and get down to real governance? BJP in the State Govt. has an important role to play in this regard. Can they take a call?
(feedback:kbjandial@gmail.com)

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