INSTRUMENT OF ACCESSION
Instrument of Accession executed by Maharajah Hari
Singh on October 26, 1947
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
1. 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').
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
Hari Singh
Maharajadhiraj of Jammu and Kashmir State.
ACCEPTANCE OF ACCESSION BY THE GOVERNOR GENERAL OF
INDIA
I do hereby accept this Instrument of Accession. Dated this twenty seventh
day of October, nineteen hundred and forty seven.
Mountbatten of Burma
Governor General of India.
SCHEDULE OF INSTRUMENT OF ACCESSION
THE MATTERS WITH RESPECT TO WHICH THE DOMINION
LEGISLATURE MAY MAKE LAWS FOR THIS STATE
A. Defence
1. The naval, military and air forces of the Dominion and any other
armed forces raised or maintained by the Dominion; any armed forces, including
forces raised or maintained by an acceding State, which are attached to,
or operating with, any of the armed forces of the Dominion.
2. Naval, military and air force works, administration of cantonment
areas.
3. Arms, fire-arms, ammunition.
4. Explosives.
B. External Affairs
1. External affairs; the implementing of treaties and agreements with
other countries; extradition, including the surrender of criminals and
accused persons to parts of His Majesty's Dominions outside India.
2. Admission into, and emigration and expulsion from, India, including
in relation thereto the regulation of the movements in India of persons
who are not British subjects domiciled in India or subjects of any acceding
State; pilgrimages to places beyond India.
3. Naturalisation.
C. Communications
1. Posts and telegraphs, including telephones, wireless, broadcasting,
and other like forms of communication.
2. Federal railways; the regulation of all railways other than minor
railways in respect of safety, maximum and minimum rates and fares, station
and services terminal charges, interchange of traffic and the responsibility
of railway administrations as carriers of goods and passengers; the regulation
of minor railways in respect of safety and the responsibility of the administrations
of such railways as carriers of goods and passengers.
3. Maritime shipping and navigation, including shipping and navigation
on tidal waters; Admiralty jurisdiction.
4. Port quarantine.
5. Major ports, that is to say, the declaration and delimitation of
such ports, and the constitution and powers of Port Authorities therein.
6. Aircraft and air navigation; the provision of aerodromes; regulation
and organisation of air traffic and of aerodromes.
7. Lighthouses, including lightships, beacons and other provisions for
the safety of shipping and aircraft.
8. Carriage of passengers and goods by sea or by air.
9. Extension of the powers and jurisdiction of members of the police
force belonging to any unit to railway area outside that unit.
D. Ancillary
1. Election to the Dominion Legislature, subject to the provisions of
the Act and of any Order made thereunder.
2. Offences against laws with respect to any of the aforesaid matters.
3. Inquiries and statistics for the purposes of any of the aforesaid
matters.
4. Jurisdiction and powers of all courts with respect to any of the
aforesaid matters but, except with the consent of the Ruler of the acceding
State, not so as to confer any jurisdiction or powers upon any courts other
than courts ordinarily exercising jurisdiction in or in relation to that
State.