Now let`s look at whether India and J&K have signed such an instrument of accession? The answer is excellent, yes, they signed an IOA after the people of South Waziristan attacked Kashmir on October 22, 1947 and took control of important cities such as Mirpur, Muzaffarabad, Uri and Baramulla, before being arrested by Indian forces near Kashmir airport in Budgam on October 28, 1947. This chapter contains excerpts from the British Cabinet Mission Declaration of 16 May 1946; the Memorandum of the Cabinet Mission on Indian States, Treaties and Superiority; the Indian Independence Act of 1947; the Government of India Act, 1935, as amended by the India Ordinance of 15 August 1947; and the White Paper on Jammu and Kashmir, Government of India. The chapter also describes the instrument of accession of the State of Jammu and Kashmir, which was published on 26 September. It was signed by Maharaja Hari Singh in 1947. the Maharaja`s letter to the Governor-General of India, Lord Mountbatten, and the Governor-General`s letter in response; the Maharaja Emergency Administration Order of 30 October 1947, by which Sheikh Mohammad Abdullah was appointed Head of Administration; Proclamation of the Maharaja of 5 March 1948 appointing a transitional people`s government; and the proclamation to entrust all the powers of the Maharaja to Yuvaraj Karan Singh on 9 June 1949. The instrument of accession was the legal document implementing accession in which it was adopted. It was carried out individually by the Indian government on the one hand and by the leaders of each of the princely states on the other. He also defines the word accession or accessio (Roman) as «the doctrine by which something of smaller size, value, or meaning is integrated into something of greater greatness, value, or importance.» In the same dictionary, the instrument of accession is thus defined as «a document formally recognizing the consent of the issuing State to an existing treaty and exchanging it with the contracting parties or depositor with a designated State or international organization». Among the most important accessions of this type was that of Maharaja Hari Singh, the ruler of the state of Jammu and Kashmir, on 26 October 1947. He gave control of Jammu and Kashmir to the Indian government. Jammu and Kashmir`s membership was accepted on 27 October 1947 by Lord Mountbatten of Burma, Governor-General of India. The text (with the exception of the guidelines mentioned in its third point) reads as follows: The instruments of accession implemented by the leaders provided for the accession of States to the Dominion of India (or Pakistan) on three issues, namely defence, foreign affairs and communications. In this article, we will examine the instrument of accession and the issues that arise after the introduction of the Jammu and Kashmir Reorganization Act. The fact that the government rushed to introduce the law to reorganize Jammu and Kashmir is obvious because the home minister presented the law to Rajya Sabha at 11:06 a.m., but members received copies of the law at 11:18 a.m. When the law was introduced in Rajya Sabha, everyone expected the government to cause some sort of «mishap» with the state of Jammu and Kashmir, but no one ever thought it would be reduced from a «special status state» to a union territory in India. Now, the misadventure, cynicism and arbitrariness in Jammu and Kashmir will continue for a few more years, after which the Supreme Court will decide its fate, which will then happen after the repeal of Article 370. «Accession» means the act by which a State accepts the offer or possibility of becoming a party to a treaty already negotiated and signed by other States. It has the same legal effect as ratification. Accession normally takes place after the entry into force of the Treaty. The Secretary-General of the United Nations, in his capacity as depositary, also accepted accession to certain conventions prior to their entry into force. The conditions under which accession may take place and the procedure depend on the provisions of the Treaty. A treaty could provide for the accession of all other States or of a limited and defined number of States. In the absence of such a provision, accession may take place only if the negotiating States have been agreed or, in the case of the State concerned, have subsequently agreed to do so. Signature Subject to ratification, acceptance or approval, I hereby accept this instrument of accession, dated this twenty-seventh day of October, nineteen hundred and forty-seven.
93 of the 95 trade union subjects and most parts of the competing list apply to J&K. In fact, the central government can now apply the president`s regime to J&K for longer than in any other state. The only provision that hasn`t changed until the 2019 President`s Order is 35A, which defined the permanent citizens of Jammu and Kashmir, but the President`s 2019 Order paved the way for their removal. The question that arises after the J&K Reorganization Act 2019 is whether it fulfills the promise made to the state of Jammu and Kashmir? Is that what the state wants? Does the Constitution allow the President to amend Article 370 himself? No, not only has he completely broken the promise made to the people of Jammu and Kashmir, but he has also sealed his future against his will with a seal of tyranny. In 1947, the British finalized their plans to leave India, and the question of the future of the princely states was a mystery to them. Since they were not British, they could not be divided by the British between the new sovereign nations of India and Pakistan. The Indian Independence Act of 1947 provided that the British Crown`s sovereignty over the princely states was simply to end on 15 August 1947. This would make the princely states completely independent, although many of them depended on the Indian government for defense, finance, and other infrastructure. With independence, it would then be up to each leader of a state to decide whether to join India, join Pakistan or remain independent. The United Nations Treaty Collection website provides a glossary of terms related to contractual acts. A representative may sign an «ad referendum» contract, i.e.
provided that the signature is confirmed by his State. In this case, the signature shall become final as soon as it has been confirmed by the competent body. 15-day trial + ₹999 TimesPrime subscription* Select your reason below and click the Report button. This will warn our moderators to take action The Government of India Act of 1935 introduced the concept of the instrument of accession, in which a leader of a princely state could join his kingdom from the «Federation of India». The concept of federation was originally rejected by the Indian princes, but it is believed that they were accepted at the beginning of World War II.