The Instrument of Accession and The Kingdom Of Jammu and Kashmir
How A Kingdom was divided.
Introduction
This piece carries on from my previous article, which covers the partition of India and the Two Nation Theory. A quick reminder: The Two Nation Theory put forth the idea that Hindus and Muslims were two separate Nations and could not coexist together in an independent India. It was used the pretext to demand the creation of Pakistan. It led to the Partition of British India into 2 dominions, as showcased below:
The Instrument of Accession:
The Instrument of Accession was a legal document executed by the princely states to join the domains of India or Pakistan. With the exceptions of Jammu and Kashmir, Kalat, Junagadh, and Hyderabad, all princely states had chosen to either join India or Pakistan by August 14, 1947. The Nawab (Ruler) of Junagadh wanted to join Pakistan but Mountbatten argued that it was infeasible. Junagadh was not connected to Pakistan by land. There was also the fact that Junagadh was Hindu Majority but the Nawab was Muslim. Two vassals under the Nawab’s suzerainty seceded from Junagadh and joined India. The Nawab responded by dispatching troops to these territories. This was an attack on Indian territory, and India sent its own soldiers to protect said territories. A plebiscite was held the following year and Junagadh acceded to India on the basis of the plebiscite. The rulers of other aforementioned states desired to keep their territories independent. Meanwhile, all through September 1947 Pakistan was trying to entice Maharaja (King) Hari Singh of Jammu and Kashmir to accede given its Muslim majority population, but he refused. Hari Singh was a Hindu.
The Pakistani invasion of Kashmir
On October 22, 1947, Pakistan sent Pashtun Tribesmen to invade Jammu and Kashmir. Within days, many parts of his territory were occupied. The beleaguered Maharaja requested India send troops, but India could not act unless he signed the Instrument of Accession. On October 26, 1947, Hari Singh did so, meaning that the invasion was now an attack on Indian territory. Indian troops were flown in and some territory was recaptured, until Pt. Jawaharlal Nehru, the first Prime Minister of India, asked the UN to intervene and a ceasefire was declared. UN Security Council Resolution 47 was passed, according to which Pakistan was to first withdraw its forces from Kashmir. India would then deploy the minimum force necessary to maintain law and order. It would then carry out a plebiscite that would decide which country Jammu and Kashmir would accede to. The onus was on Pakistan to implement the first step, which it never did.
Conclusion
What it means is that the dispute is unresolved, and the Chinese occupation of Shaksgam and Aksai Chin now makes it a trilateral conflict. Pakistan and the PRC have an understanding to carve the territory into two when they chance presents itself. The resolution will now also require the PLA to vacate the territories it has occupied. This is next to impossible, and the conflict is slated to continue in perpetuity.