Fight For Jammu & Kashmir: Legalities

Fight For Jammu & Kashmir: Legalities

The ruler of Jammu and Kashmir, Maharaja Hari Singh, signed the accession papers and sent them to the Government of India on October 26, 1947; “Now, therefore,’ I, Shriman Rajrajeshwar Maharajadhiraj Shri Hari Singh Ji, Jammu Kashmir Naresh Tatha Tibbet adi 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”. This way the Maharaja submitted his accession papers which were accepted by the then Governor General, Mountbatten, on October 27, 1947.


Maharaja Hari Singh

After this accession, even India had no right to talk with short-sightedness. Such a purposeless talk had not only insulted the accession proposal of Maharaja Hari Singh but also violated the Independence Act. Under this Act the rulers of the State had been given the right for accession. Nothing had been said about the right of self-determination for the people of the State. In fact Mountbatten was desirous of keeping the fate of Kashmir hanging and he performed this act through Pt. Nehru and R.C. Kak. The Constitution of India was adopted on January 26, 1950 and there was no provision kept for self-determination in the Constitution. Therefore, the Government of India too had no right to talk about this plan. When the Constitution of India has not given the right to Government of India to review the questions of self-determination and accession, it is unconstitutional and illegal for any international organisation to talk anything in the context of India.

The entire dispute should have ended with the ratification of the accession by the Constituent Assembly on November 17, 1956. Both Pakistan and the Security Council have lost any right to talk anything about Kashmir or do anything about it.The people to whom was connected the question of self-determination were the same people who had elected the Constituent Assembly which had accepted the accession. This Assembly adopted the Constitution of the State. The clause three of this Constitution makes it clear “Jammu and Kashmir is and will remain inseparable part of India.”