|Whereas the Indian
Independence Act, 1947, provides that as from the fifteenth day of August,
1947, there shall be set up an independent Dominion known as INDIA, and
that the Government of India Act 1935, shall with such omissions, additions,
adaptations and modifications as the Governor General may by order specify,
be applicable to the Dominion of India.
And whereas the Government of India
Act, 1935, as so adapted by the Governor General, provides that an Indian
State may accede to the Dominion of India by an Instrument of Accession
executed by the Ruler thereof.
Now, therefore, I Shriman Inder Mahinder
Rajrajeswar Maharajadhiraj Shri Hari Singhji, Jammu & Kashmir Naresh
Tatha Tibbet adi Deshadhipati, Ruler of Jammu & Kashmir State, in the
exercise of my Sovereignty in and over my said State do hereby execute
this my Instrument of Accession and
I hereby declare that I accede to the
Dominion of India with the intent that the Governor General of India, the
Dominion Legislature, the Federal Court and any other Dominion authority
established for the purposes of the Dominion shall by virtue of this my
Instrument of Accession but subject always to the terms thereof, and for
the purposes only of the Dominion, exercise in relation to the State of
Jammu & Kashmir (hereinafter referred to as "this State") such functions
as may be vested in them by or under the Government of India Act, 1935,
as in force in the Dominion of India, on the 15th day of August 1947, (which
Act as so in force is hereafter referred to as "the Act').
I hereby assume the obligation of ensuring
that due effect is given to provisions of the Act within this State so
far as they are applicable therein by virtue of this my Instrument of Accession.
I accept the matters specified in the
schedule hereto as the matters with respect to which the Dominion Legislature
may make law for this State.
I hereby declare that I accede to the
Dominion of India on the assurance that if an agreement is made between
the Governor General and the Ruler of this State whereby any functions
in relation to the administration in this State of any law of the Dominion
Legislature shall be exercised by the Ruler of the State, then any such
agreement shall be construed and have effect accordingly.
The terms of this my Instrument of Accession
shall not be varied by any amendment of the Act or the Indian Independence
Act, 1947, unless such amendment is accepted by me by Instrument supplementary
to this Instrument.
Nothing in this Instrument shall empower
the Dominion Legislature to make any law for this State authorizing the
compulsory acquisition of land for any purpose, but I hereby undertake
that should the Dominion for the purpose of a Dominion law which applies
in this State deem it necessary to acquire any land, I will at their request
acquire the land at their expense, or, if the land belongs to me transfer
it to them on such terms as may be agreed or, in default of agreement,
determined by an arbitrator to be appointed by the Chief Justice of India.
Nothing in this Instrument shall be
deemed to commit in any way to acceptance of any future constitution of
India or to fetter my discretion to enter into agreement with the Government
of India under any such future constitution.
Nothing in this Instrument affects the
continuance of my Sovereignty in and over this State, or, save as provided
by or under this Instrument, the exercise of any powers, authority and
rights now enjoyed by me as Ruler of this State or the validity of any
law at present in force in this State.
I hereby declare that I execute this
Instrument on behalf of this State and that any reference in this Instrument
to me or to the Ruler of the State is to be construed as including a reference
to my heirs and successors.
Given under my hand this 26th day of
October, nineteen hundred and forty seven.
Maharajadhiraj of Jammu and Kashmir