The history of Kashmir is ancient. According to the ancient sources it begins with Kashyap Rishi. Kashmir, perhaps, is the only region in India which has a systematically documented history. The Rajtarangini by Kalhan is a document of the same nature. The history of Jammu is equally ancient. If one investigates, the sources can be traced up to the time of Mahabharata. The history of Laddakh, Gilgit and Baltistan is connected with the history of Himalaya. The history of these regions is as old as the Himalaya. However, the history of the principality/estate/princely state Jammu and Kashmir, created by combining these five regions is not very old, it is very recent. The credit to form the principality of Jammu and Kashmir goes to Maharaja Gulab Singh. He was coronated in the year 1822, and since then there was no turning back for him. By adding small estates like Gilgit, Baltistan and Laddakh, he became the ruler of a very big province. After the death of Maharaja Ranjeet Singh in Lahor, his army was scattered in the wars with the British in Punjab region, thus Kashmir was taken over by the British. It was in 1846 that Kashmir was added to Jammu province, creating the second largest Princely state of India. When in the first war on independence was fought in 1857, the same year Maharaja Gulab Singh passed away. A new chapter in the history of the state was added when the British started conspiring against the heir Maharaja Hari Singh, the son of Maharaja Gulab Singh. The British believed that Maharaja Hari Singh sympathised with the freedom fighters of India.

 

New researches are establishing role of the then Muslim Conference, now National Conference cooperating in the conspiracies of the British, which may or may not be deliberate. The British left India in 1947, India had to face the disaster of partition. The independence also put an end to the hereditary rule of more than 550 princely states. The princely hereditary rule of Jammu and Kashmir also came to an end but as a result of partition one third of the principality was forcefully occupied by Pakistan. What remained of the state was also subject to various movements of separatism and integration by political parties. In these movements National Conference with its demand for autonomy and Praja Parishad demanding integration created permanent footprints in this region.

 

1.0- Introduction:

 

The Satyagrah in Jammu Kashmir by Praja Parishad is very significant in the history if independent India, and it had far reaching consequences. Although the Satyagrah had started with the formation of the Praja Parishad on 17th November 1947, but the real fierceness of the movement was felt when Pt. Nehru and Shaikh Abdullah reached a consensus on the format of the Constitution of Jammu and Kashmir. The ground work of this movement, actually, had begun with the partition of India. After Maharaja Hari Singh signed the instrument of accession to integrate Jammu and Kashmir with India, Shaikh Abdulla was made the caretaker/emergency administrator, (Aapat prashasak), but in 1949, with the exile of Maharaja Hari Singh, Abdulla enjoyed unrestrained powers. This agitated the Nationalist forces not only in Jammu and Kashmir but all over India. After Nehru took the Jammu Kashmir matter to the United Nations, the suspicion in the mind of the nationalists from the state became more intense. Amid all the conflicts and debates, when Shaikh Abdulla, except for the Sunni Muslims of Kashmir, started marginalization of the people from Jammu and Laddakh, to the extent that he even refused to accept them as the party in the entire issue, then the nationalist forces of the state started unifying themselves. After all the pride and identity of the people and the security of the nation was at stake. The situation became worst when Shaikh Abdulla started giving communal colour to the issue of Jammu and Kashmir. He started demanding Special Status for Jammu and Kashmir, just because the state had a Muslim majority. He said “The government of India time and again claims that India never accepted the Two Nation theory of Pakistan, nor was this country divided on communal lines. The claim of the Indian government is correct, but whenever the issue of Jammu and Kashmir is raised, it feels as if there is no better advocate of the Two Nation theory, other than India.” (1)

 

It was but natural that the nationalist forces were quite disappointed with this communalization of Jammu Kashmir issue. It was ironical that those who were opposing communalization of the issue, the same people were called communal by Shaikh Abdulla. The efforts of Nehru and Abdulla to suppress this nationalist movement was like adding fuel to fire. The discontent, which started brewing up in 1947 spread like wild fire by 1952, and finally culminated in the Satyagrah of the Praja Parishad. In order to understand the background of this movement it is important to understand the background of the then political scenario.

 

1.1 Accession of the princely state-

 

During the British rule, there were two administrative set ups in India. One set up was in the were parts, which were directly ruled by the British and the administration was controlled by the British parliament. The second set up was in those parts where there were hereditary rulers like Maharajas, Rajas or Nawabs, ruled. Technically speaking these principalities were not independent because their defence, foreign affairs and communication departments were administered by British India. The British India had paramountcy over these princely states. A political representative or a resident would live in these princely states. In many such states this representative would have direct control over the ruling power. The authority to recognize the heir to the throne was also with the British govt. In the initial phase of its rule in India, the East India Company, had tried to control princely states, using all possible tricks. This particular policy of the East India company was one of the reasons of the first war of independence in 1857. The British government stopped this policy and got into independent agreements with each princely state, establishing its direct control on these principalities. However, the internal autonomy of the princely states would remain intact. When the British rule ended in India there were around 570, big or small, princely states or principalities. The British government before leaving India, divided British India was into two Dominions, India and Pakistan and ended its paramountcy from the princely states. Most of the princely states joined either of the Dominion before 15th August 1947. But some princely states joined the dominions later. One of such princely states was Jammu and Kashmir. It is important to remember that there was no time bound deadline stipulated for these princely states to join either of the Dominion.

 

On 26 October 1947 raja Hari Singh executed the instrument of accession in favour of India, which was finalized after the Governor General Mountbatten notified it, thus Jammu and Kashmir became a part of the Indian union. In the princely states, wherever the people were struggling to establish democracy, Congress, as a policy, was supporting them against the hereditary rulers and this was a policy of Congress all over India. When the British left India, Congress continued the same policy through the Government of India and following the same policy the Governor General mentioned that once peace is restored in the princely state the public opinion will be elicited. This was the time when Jammu and Kashmir was attacked by the tribals supported by Pakistan and this created upheaval and unrest in the state. Once peace was restored the people from the state, by using a proper means, would sanction the accession. In order to understand the correct context and meaning of the questions raised by this expectation it is important to ponder over the following:

 

 

- Who had the power to execute the accession?

 

- Could the accession be conditional?

 

- What was the intention or purpose of finding the opinion of the people before accession and was it legally binding? Or was it part of a moral or political policy?

 

- What was the method to find people's opinion and was it as per the democratic principles?

 

It is important to consider all these questions because very often these issues are raised with regard to accession of Jammu and Kashmir in India. The first argument made is that the accession of Jammu and Kashmir with India was limited and therefore temporary and the second argument is that Jammu and Kashmir has a special status in Indian Union.

 

1.1.1 Who had the power decide accession to India?

 

On 14th August 1947 the Viceroy of India, under India Independence Act of 1947, Article 8 (2) issued the notification on order of interim Constitution of India of 1947. Under this order, the Government of India Act 1935, with necessary additions and amendments, was declared the interim constitution for the dominion of India from 15th August 1947. As per Article 6 of this interim constitution, when the instrument of accession signed by the ruler of a princely state is notified by the Governor General, then it will be considered as the merger of that princely state into the Dominion. Once the instrument of accession is signed then under no circumstances can the validity of it can be challenged. Practically speaking it was the prerogative of the ruler of the state alone. The Governor General had to just notify it, he had no other role in the process of accession. This was the arrangement in the interim constitution of India. However, it is also important to know the condition of the princely states after the British left India.

 

When Britain decided to partition India before leaving, the cabinet mission had come from England to India to discuss the details of the same. The mission met the with the rulers from the princely states. While addressing the Chamber of princes the Cabinet Mission made it clear that ‘when India will establish its independent government then the paramountcy of the British Crown over the princely states will end’ (2). The options available to the princely states, after the ending of the paramountcy, were clearly discussed by Mountbatten on 25th July 1947 in the meeting of Chamber of Princes. He stated that practically speaking these princely states cannot be considered as independent because they did not have sovereignty, as there were many departments which were under the control of Government of India. Hence, they have only one alternative that is to accede to either of the Dominion (3). Mountbatten also made it clear that while deciding accession to either of the Dominion, the geographical contiguity and the will of the people also should be considered. However, it is pertinent to note here that as far as the instrument of accession is concerned there is no such provision that the ruler must consult or find out the opinion or the will of its people.

 

In order to manage the affairs of the princely states, the British government had created a Political Department and now parallel to this a new department, States Department was established (4). This department prepared a draft instrument of accession and sent it to all the rulers of the princely states. According to this instrument of accession, the princely states, after acceding to India, would hand over Foreign Affairs, communication and Defence and the topics related to the above, to the Union government. The decision to include these three departments was also taken by the States Department. On India's side the States Department was with Sardar Patel. With his consistent efforts that most of the princely states joined the Indian Dominion before 15 August 1947. But some princely states acceded to India after 15th August 1947. The princely state of Jammu and Kashmir acceded to India on 26th October 1947 after the ruler Maharaja Hari Singh signed the instrument of accession, which was notified by the Governor General of India. With the notification the process of accession of the princely state to India was full and final. ‘The accession of Kashmir became a legal fact when the Maharaja signed the instrument of accession and the same was accepted by the Governor General’ (5)

 

 

1.1.2- Could the accession be temporary or conditional?

 

This is a very important question. The Government of India Act of 1935 or the India Independence Act of 1947 there had no such provision that any princely state may joint either of the dominant with any condition, nor did it provide that the Governor General, while notifying the accession could put any conditions. Neither did the instrument of accession have any such provision nor the above Acts had any provision that the Governor General could temporarily accepted or once withdrawal his acceptance after notifying it. This condition of no retracting was not only for the Governor General but also for the rulers of the princely states. If a ruler signed and executed the instrument of accession he had no right to withdraw it. In the case of Jammu and Kashmir Maharaja Hari Singh, the ruler, on 26th October 1947 signed and executed the instrument of accession in favour of India, on which the Governor General wrote “I accept this expect it” and thus notified it. With the execution of instrument of accession and the notification of the same, the process of accession was completed.

 

The letter of Mountbatten to the Maharaja stating that ‘his government wishes to settle the issue of accession to India by reference to the people, once law and order is restored and the soil of Kashmir is cleared of the invaders’(5a) was part of the general policy of the Government of India. Therefore, on the issue of accession of the state there was no legal provision to find public opinion, nor does it make the accession temporary or conditional.

1.1.3- what was the intention behind finding people's opinion? Was it constitutionally binding on India or was it a moral commitment?

It is important to understand the policy of Government of India on the issue of princely states. The Congress had always sided with the struggle of the Praja Mandals on democratic establishment against hereditary rule. In the larger perspective, finding the opinion of the people meant establishing democracy by replacing hereditary rule because public opinion is the foundation of democracy. This in a way this was an expression of the commitment of the Congress towards democratic set up. Congress was in favour of democracy for British ruled India and also for the princely states. ‘In order to bring the princely states at par with the British India, since 1920 Congress was in favour democratically elected governments in the princely states. It was of the opinion that the princely states did not give the people same political social and economic freedom like the rest of India, and this disparity makes Independence meaningless’ (6).

 

The government of India was following the same policy. On the basis of this policy India announced that even in Jammu Kashmir people will be given an opportunity to establish a democratic government. Nehru clarified this in Loksabha in 1952 that ‘the policy to find public opinion is not only for Jammu and Kashmir but for all the princely states this is the part of general policy of Government of India.’ For example, when the Nizam of Hyderabad announced accession of Hyderabad to India, even at that time in a public meeting Pandit Nehru had mentioned this same policy. The relation between the state with the union will be decided on the basis of public opinion. The declaration of finding public opinion which was made in Hyderabad and in other places, the same was made in Srinagar also. The State ministry of Government of India has issued a white paper stating that ‘this is made very clear that the accession by Nizam will be accepted only after finding the public opinion. The public opinion will be found by the elected constituent assembly. The constituent assembly will decide the nature of the relationship between the princely state and the Union of India’, (7). Thus, it is very clear that the policy of finding public opinion was the same for all states which integrated with India and it was also for the Jammu and Kashmir. Therefore, on the basis of holding plebiscite it cannot be concluded that the state of Jammu and Kashmir was accorded any special status nor there is any evidence of such intention on part of the government of India.

Plebiscite had nothing to do with the constitutional provision of accession. Actually, holding plebiscite and accession are two different issues. The purpose of finding public opinion was only to ensure that once the constituent assembly is formed, it will verify the accession. This provision was made for other princely states also. If holding plebiscite or finding people's opinion meant any special status, then every princely state would have had a special status in India.

1.1.4 What was the procedure to find the public opinion? Was it in accordance with the democratic principles?

Democracy is considered the best of governance. Democracy is an expression of will of the people. But this does not mean that in democracy every single issue is decided by eliciting public opinion. Such Direct Democracy exists only in very small country that is Switzerland. And even there it is gradually reducing. In a Democracy, peoples representatives are elected and all the decisions are taken by the elected representatives on behalf of the people. The elected representatives create the constitution, the governance is within the provisions of constitution. With the changing times, various amendments are made in the constitution. All over the world this is considered the best and most practical method of voter’s expression. After independence even in India the same policy was implemented everywhere. On the basis of the same system the princely states had to formulate their constituent assemblies, these constituent assemblies had to create a constitution for that sate, approve the accession and finally give acceptance the constitution of union of India. Just like all other states the same system was followed in case of Jammu and Kashmir as well.

The constituent assembly of India, which was a legal body, consisted of representatives from the princely states also. This constituent assembly had formulated the constitution of India. There were four representatives from Jammu Kashmir also. There were representative from all the princely state in the constituent assembly, these representatives were nominated by the rulers of princely states. The state where constituent assemblies were already formed, there half of the representatives were nominated by the ruler and remaining half were nominated by the constituent assembly of that state. However, in case of Jammu and Kashmir all the four representatives were nominated by Maharaja on the recommendation of the then Prime Minister of the state, Sheikh Abdullah.

In Jammu and Kashmir, the constituent assembly was formed which consisted of 75 elected members. This constituent assembly approved the accession of Jammu and Kashmir to India. This process and procedure was not only democratic but was also transparent. What can be a better method and process to find public opinion other than this method. The same procedure was adopted for other states also where by the constituent assembly or the state legislatures had accepted the accession.

1.2 The British diplomacy and Mountbatten

When Pandit Nehru talked about plebiscite in Jammu and Kashmir it was due to his commitment and belief in the democratic process. But the role of then Governor General Lord Mountbatten was a result of deep British conspiracy. Why was this question of plebiscite raised after the accession of Jammu and Kashmir in India? Actually, the whole conspiracy begins with the British diplomacy adopted during the time of partition of India. Even after leaving India the British government was very concerned about its Geo Political interest in the Central Eastern and South Eastern Asia. For this it wanted a nation where Britain could have an impact and control. With the end of the second world war, the cold war started, in which Britain and American diplomacy wanted to protect their capitalist interests in Central Asia and hence it was important that the communism of China and Russia were prevented from further expansion. Pakistan could have been a strong support in this area for Britain and America. But this would have been possible only if Jammu and Kashmir acceded to Pakistan because Jammu and Kashmir shared its borders with China, Tibet, USSR and Afghanistan.

1. 2.1 Cordoning off the USSR and Jammu Kashmir

After the end of World War II the priority of British-American diplomacy was to restrict the increasing influence of communism of USSR and according to them, this was possible only with the Islamic Unity. Pakistan would be the axis for this purpose of Islamic Unity. In the 19th century Britain had created the Great Game to promote its capitalist interest in the Central Asia, in the of 20th century it emerged in a new form. When it was evident that the partition of India is unavoidable then the biggest question for the diplomacy of Britain and America was, which of the two countries will be more beneficial for its strategic interest. Great Britain had no other alternative than Pakistan. Now it had to develop good relations with Pakistan so that from Chattgaon port in Eastern Pakistan to the port in Karachi and the air strip in Peshawar all would be accessible to Britain. This policy of Britain in sync with the American Policy under which it wanted to cordon off the USSR. However, both these aims could be fulfilled only if Pakistan was encouraged and Jammu Kashmir was integrated in Pakistan. ‘In reality to restrict the expansion of China and the USSR the British and American diplomacy wanted to create a crescent shape Islamic wall from Turkey to Kashmir, with Pakistan in the eastern corner, so that in any case of emergency would be a military base for them, (9).

1.2.2 Stability of Pakistan and Jammu and Kashmir

With regard to Jammu and Kashmir Britain had one more concern, that was ‘only if Pakistan becomes politically stable then it will be a good support system for the strategic intentions of Britain in Central East and South East Asia and this was possible only if Jammu and Kashmir became a buffer between India and the North Western Frontier Province. If Jammu and Kashmir become a part of India then the North Western province will become a safe haven for Khudai Khidmatgars and in future they may demand and independent Pakhtunistan,’ (9).

It was the fear of Pakhtunistan which brought Pakistan and Britain closer to each other. In order to prevent creation of Pakhtunistan, it was very important to keep India away from the North Western Frontier Provinces of Pakistan and this was possible only if Jammu and Kashmir was not integrated in India. All the Big cities of Pakistan, such as Peshawar, Sialkot and Rawalpindi came with in a distance of 30 to 50 kilometers from the border of Jammu and Kashmir. For the stability of Pakistan the British diplomacy wanted to keep these cities away from the military attack of India. Similarly, the water supply in Pakistan was from the rivers originating from Jammu and Kashmir. From the perspective of irrigation in the Punjab region the Mangala dam in Mirpur was very important. Considering all these factors Britain anyhow wanted Kashmir to be integrated with Pakistan.

1.2.3 the strategy of Mountbatten

Mountbatten now wanted to make this British diplomacy successful and not only he had to make a strategy to integrate Jammu and Kashmir in Pakistan but he had to successfully executed it as well. Had this region been in British India, it would not have been difficult to hand it over to Pakistan but unfortunately this was a princely state, about which only the ruler of the state could take a decision. Actually, in 1947 when the British declared that they will be leaving India and the country will be divided into two Dominions, due to the geographical positioning, the significance of Jammu and Kashmir increased multifold. The princely state bordered both Pakistan and India. India knew that for the integration of Jammu and Kashmir in India the role of people from the state will be very important. In any case Congress principally would have supported the people of the state in order to establish democratic system however at that time, in 1946 the representative of the people from Kashmir Sheikh Abdullah was in jail.

India know that in this period of transition, it was very important that Sheikh Abdullah should be out of jail. Hence Pandit Nehru and Mahatma Gandhi decided to go to Srinagar immediately, so that they could persuade Raja Maharaja Hari Singh to release Sheikh Abdullah. Pakistan did not want Shaikh to come out of the jail. For Pakistan shaikh Abdullah was there enemy number one because of his consistent opposition of the two Nation theory of Jinnah. On the other hand, even, Mountbatten was not in favour of releasing Sheikh Abdullah. He was trying to stop Nehru from going to Srinagar because he knew that Nehru was very keen on integrating Jammu and Kashmir with India. He was worried that after going to Kashmir he will persuade Maharaja to release Sheikh and he was sure that if Sheikh Abdullah would be released then he will support the integration of Jammu and Kashmir with India. Abdullah’s support meant support of the Muslims from Kashmir. Considering this in Delhi, under the presidentship of Sir Conard Cottfield the British political section was trying that Maharaja would not release Sheikh Abdullah from the jail, (10). Mountbatten wanted to go personally and meet Maharaja to persuade him to join Pakistan before Nehru and Gandhi could go to Srinagar. Considering this strategy, he reached Srinagar on 19th June 1947, he stayed there for 4 days. ‘He advised Maharaja Hari Singh that under any circumstances he must exceed either to India or Pakistan before 15th August, however he must take a public opinion before doing so. In fact, he told Maharaja that if he decides to integrate with Pakistan the Government of India would have no objection” (11). According to Maharaja Hari Singh “the way Lord Mountbatten discussed the situation with me on the basis of maps and statistics it was very clear that he was telling me to join Pakistan”, (12). However, Maharaja Hari Singh, very tactfully sent Mountbatten back without making any commitment. The argument of Mountbatten was that “not only in Jammu and Kashmir the population of Muslims is bigger, it would also make Pakistan more stable” (13). Hence Jammu and Kashmir should integrate with Pakistan. The British officers and their supporters were also trying their best to integrate Jammu and Kashmir with Pakistan. Prime Minister of Maharaja Mr. Ram Chandra Kak, whose wife was a British, became a part of the British conspiracy and was plotting with the politicians of the state to integrate Kashmir with Pakistan. He was hands and gloves with the British Chief of Dogra Army Scott. The British army secretary of Jinnah visited the Maharaja three times carrying the letter from Qaida e Azam. Jinnah himself also wanted to come to Srinagar on the pretext of poor health, however, the intention was clear, that by staying in Srinagar he wanted to persuade Maharaja to integrate with Pakistan. If he wouldn't agree then he could threaten or use force. The personal secretary of Jinnah had started spreading communal disharmony in Srinagar even before partition, so that when the time was right they would compel Maharaja to integrate in Pakistan, (14). The plan to attack Jammu and Kashmir through the tribals was made in September month itself by Pakistan and Mountbatten new about it. The British officers knew in September that Maharaja Hari Singh had decided to exceed to India. Mountbatten still was in favour of exceeding to Pakistan. “Before becoming the Prime Minister I met Mountbatten. He said that due to the geographical location Maharaja has no other alternative but to integrate with Pakistan, (15). On October 15 when I became the Prime Minister of Jammu and Kashmir by then Pakistan had started bullying and threatening the Maharaja. They really had made plans to use force against him, what remained was the final phase of execution”, (16)

Hari Singh could also foresee the future trouble. From the beginning he wanted to aceed to India. Even Nehru wanted that at the earliest Jammu and Kashmir should integrate with India because he could also sense possible dangers. On 27th September 1947 he wrote to Sardar Patel- the leaders from Muslim League are planning to intrude into Kashmir from the North Western Frontier in a large number. Pakistan has planned that they will intrude in to Kashmir from now and during the winter when Kashmir gets cut off from rest of India then they will execute some big plan. I don't think that Maharaja has any alternative other than releasing Sheikh Abdullah and other leaders of National Conference from the jail. Once Kashmir is acceded to India, then it will be difficult for Pakistan to attack Kashmir because that would mean a direct confrontation with India. I think Kashmir must accede to India at the earliest. Till the time Sheikh Abdullah and his friends are in the jail it is detrimental for the future,” (17).

 

However Nehru was ready to accede Jammu and Kashmir in India only after Maharaja Hari Singh transferred power to Sheikh Abdullah before signing the instrument of accession. Thus, it was very clear that instead of national interest Nehru was giving priority to his personal friendship.

 

In this condition Pakistan attacked Jammu and Kashmir all this was done in the name of the tribals but the role of the Pakistani army was direct in this attack. According to Mehar Chand Mahajan “actually Pakistan had attacked Muzaffarabad on 22nd October itself. We came to know about it in the night of 24th October. As soon as we got to know about it, we sent the deputy Prime Minister of Jammu and Kashmir with a letter to Prime Minister and Deputy Prime Minister of India. I wrote a personal letter as well stating that in this time of crisis, on humanitarian ground you must help us. We had also written about acceding to India in this letter but there was no response from Delhi. Neither on the proposal to accede to India nor on sending military help,” (18).

 

No response on accession, no response on military help, however, Shaikh Abdullah discreetly flew down from Srinagar to Delhi, (19). On the other hand, Jinnah declared that the Eid, which would be in the end of October, would be celebrated in Srinagar. Thousands of innocent people were massacred in Jammu and Kashmir, women were being raped but Delhi was quiet. It was not ready for accession nor was ready to send military help. What could be the reason? The reason was obvious, none of the letters sent to Delhi had any mention of transfer of power to Shaikh Abdullah!!

It was evening of 25th October. In the words of Mehar Chand Mahajan, “We decided that now if possible we will fly down to Delhi or else go to Pakistan and surrender. Then, someone suggested to go to Kabul, may be, they would help”, (20). But fortunately, V. P. Menon reached in the night. He suggested to the Maharaja to leave Srinagar immediately for Jammu and took me with him to Delhi, (21). Took the letter of accession again to Delhi. This time Maharaja had fulfilled the condition put by Nehru, Shaikh Abdullah was made the Emergency Administrator.

Maharaja Hari Singh was requesting India to send arms from 1st October, (22).

 

The Government India also had decided to send arms to Jammu and Kashmir. On 7th of October Sardar Patel wrote to the then Defense Minister Baldev Singh- “I hope the arrangements to send arms and ammunition by train to Kashmir are on. If necessary, we may also send them by air” (23).

 

However, there was no such arrangement on. In those days India and Pakistan had a common Commanding Officer, General Lockhart was the Commander in Chief. “The Commander in Chief General Lockhart along with Field Marshal Okanlak did not allow this decision to get executed. Lockhart was saying that arms are not available in Delhi. The Army Head Quarter should find out from the Main Headquarter about which weapons are available in which depot of of India. The Army Headquarter knew that by the time they collect this information it will be months. But the biggest hurdle was from the highest headquarter which said that if a princely state has not joined either of the Dominion then we cannot supply arms to them.” (24). On 25th October 1947 when in Delhi the difference committee mat the secret of not sending arms to Kashmir was revealed.

Buy now a lot had happened in Kishanganga. Maharaja Hari Singh had signed and executed the instrument of accession, Jammu and Kashmir was struggling against Pakistan. Even the British diplomacy could not prevent sending the weapons to Jammu and Kashmir.It has exhausted all its excuses. In this situation the British came up with a new policy, the plan was that before the Indian Army reaches Srinagar Pakistan should take over Jammu and Kashmir. By November and December, due to heavy snowfall, Kashmir will be isolated, the roads will be closed and Indian Army will not be able to reach there. In this entire development Mountbatten was very sad and he also expressed his unhappiness. “With great difficulty I have convinced Patel that if Jammu and Kashmir integrates with Pakistan you should not feel bad. But my entire plan failed, I felt very sad. All this happened because of that bloody fool Hari Singh,” (25).

 

However, conspiracies of Mountbatten continued even after this. Sheikh Abdullah, the president of the main political party National Conference from Kashmir was in favour of exceeding to India. Maharaja Hari Singh wanted to integrate legally and Sheikh wanted the democratic aspects. Even his enemies were not in a position to say that Shaikh does not represent the Muslims from the Kashmir Valley. The people from Jammu and Ladakh were most vocal about accession. Therefore, in October 1947 when the state acceded to India then the ruler and majority of the ruled were in favour of accession with India. What was the need of asking or seeking public opinion as suggested by Mountbatten? However, Mountbatten was strategizing the future and he was very sure that with this method Pakistan will get Kashmir. When this plan did not succeed he was very unhappy but how could Mountbatten leave this plan of acceding Jammu and Kashmir to Pakistan midway? He was of the opinion that once peace is restored in Jammu and Kashmir he could again try to execute his plan, however, the forces of both the countries were face to face, fighting each other and in this condition Mountbatten could not do anything.

On one hand the Indian Army was forcing the Pakistani army to retreat from the areas of Jammu and Kashmir, on the other hand the British conspirators were trying to take over as much area of Jammu and Kashmir possible and hand it over to Pakistan. In Gilgit, the Gilgit Scout Paramilitary Force was led by commanding officer Major William Brown. On 31st October in the night, under the leadership of Brown, this Scout surrounded the house of minister of Gilgit Ghansara Singh and arrested him. The forces of the Maharaja were fighting with the Gilgit Scouts, but the Muslim soldiers from Maharaja’s force joined hands with the enemy and the remaining supply of force was not sent. Thus, under the leadership of Major Brown the interim Government of Gilgit was formed. On 4th November Major William Brown pulled down the flag of Jammu and Kashmir state, hoisted the Pakistani flag in the region and declared that Gilgit now belongs to Pakistan. In the entire episode neither the ruler of the state nor the people were present. The British knew the strategic and diplomatic significance of this region and therefore they quickly handed it over to Pakistan. According to Ghansara Singh “the revolt in the army was instigated by the British because of which Gilgit fell and it went in the control of Pakistan the people of Gilgit were not a part of this revolt,” (27)

1.3 Complaint in the United Nations

Mountbatten adopted a new strategy now. He kept insisting that Nehru must take the issue of Jammu and Kashmir to United Nations Organisation. Mountbatten knew the nature and character of Nehru very well and therefore it was not very difficult for him to trap Nehru in his plan. While assessing Nehru Mountbatten wrote- “Nehru can ideologically lead the masses, but he is a dreamer. He is not practical. Patel is practical to the core. Actually he is the one who is managing the country. In his absence the country may break.”, (28). Thus Nehru was not practical and Mountbatten was very clever.

The Indian Army was successful in getting back a large area, which was occupied by the Pakistani attackers and intruders. In Kashmir the area up to Uri was freed from Pakistan. In Jammu, most of the area of Poonchh, Rajori etc. were taken back from the enemy. The Indian Army could have freed the remaining areas occupied by Pakistan. England thought that if the entire state specially Gilgit and Baltistan area goes back to India then their entire strategy will fall flat. Hence it started pressurizing India. Later Booker accepted that because of Mountbatten, Italy had warned Nehru of dire consequences if there was any military action against Pakistan, (29). Churchill was very clear on this, to him ‘Nehru and Patel are enemies of Britain and Muslims are helpers of Britain’ (30).

Mountbatten continued pressurizing Nehru to take the issue of Jammu and Kashmir to United Nations Organisation. Mahatma Gandhi was not favour of taking this issue to United Nations, even Sardar Patel was against it. However, it was the influence, pressure or suggestion of Mountbatten, that despite all the opposition Nehru took this matter of Jammu and Kashmir on 1st January 1948 to the United Nations Organisation.. Under article 35 of Chapter 6 of United NationsCcharter, India registered a complaint against Pakistan on the state of Jammu and Kashmir.

1.3.1 The grounds of complaint

“Jammu and Kashmir had exceeded to India and now it is part of India. It was attacked by Pakistani civilians and tribals from the western region of Pakistan and they are getting direct support from Pakistan. The Government of India requests the Security Council that it must stop Pakistan from helping these attackers because this help will be considered as attack on India. If Pakistan will not stop then, to protect itself, India will have no other alternative but to enter Pakistani territory, to take military action against the attackers. This is a very important matter and the security council must take immediate action the international peace is not disturbed,”

India made the following demands:

(1) To prevent Pakistan Government personnel, military and civil, from participating or assisting in the invasion of the Jammu and Kashmir State;

(2) To call upon the other Pakistani nationals to desist from taking any part in the fighting in the Jammu and Kashmir State;

(3) To deny to the invaders:

(a) access to and use of its territory for operations against Kashmir,

(b) military and other supplies,

(c) all other kinds of aid that might tend to prolong the present struggle.

In its complaint India also made it clear that the accession of Jammu and Kashmir is legitimate and the biggest political party of the principality, National Conference has also supported the accession.

In the beginning of January 1948 the debate started in the Security Council on the complaint made by India, which lasted for many days. While responding to the allegations of India, the representative of Pakistan Zafar Ullah Khan accepted that the tribals are going to Jammu and Kashmir via Pakistan but he also claimed that the government is trying to stop them. He flatly denied the role and participation of the Pakistani army in the attackes. But on 5th July 1948 when the United Nations Commission for India and Pakistan, (UNCIP) visited Karachi and when they met the foreign minister Zafar Ullah Khan the condition was completely different. One of the members of the five members committee, Dr. Joseph Corble wrote, “Sir Zafar Ullah Khan told the commission that since the month of May the Pakistani army has deployed three brigades in Kashmir. When the commission asked, whether Pakistan had inform the security council about this, his response was in negative,” (32). “This was the same Zafar Ullah Khan, who had refused to accept any kind of aid or support from Pakistan to the attackers. However Now since the commission was present in the affected area to witness the situation, he had no other alternative but to accept the role of Pakistani army in the attack,” (33)

1.3.2 The Recommendations of security council

After hearing the arguments of both India and Pakistan the Security Council passed two important resolutions, one on 13th August 1948 and the other on 5th January 1949. The resolution passed on 13th August 1948 had three parts:

PART I: CEASE-FIRE ORDER

A) The Governments of India and Pakistan agree that their respective High Commands will issue separately and simultaneously a cease-fire order to apply to all forces under their control and in the State of Jammu and Kashmir as of the earliest practicable date or dates to be mutually agreed upon within four days after these proposals have been accepted by both Governments.

B) The High Commands of the Indian and Pakistani forces agree to refrain from taking any measures that might augment the military potential of the forces under their control in the State of Jammu and Kashmir. ( For the purpose of these proposals forces under their control shall be considered to include all forces, organized and unorganized, fighting or participating in hostilities on their respective sides.

C) The Commanders-in-Chief of the forces of India and Pakistan shall promptly confer regarding any necessary local changes in present dispositions which may facilitate the cease-fire.

D) In its discretion and as the Commission may find practicable, the Commission will appoint military observers who, under the authority of the Commission and with the co-operation of both Commands, will supervise the observance of the cease-fire order.

E) The Government of India and the Government of Pakistan agree to appeal to their respective peoples to assist in creating and maintaining an atmosphere favourable to the promotion of further negotiations.

PART II: TRUCE AGREEMENT

Simultaneously with the acceptance of the proposal for the immediate cessation of hostilities as outlined in Part I, both the Governments accept the following principles as a basis for the formulation of a truce agreement, the details of which shall be worked out in discussion between their representatives and the Commission.

A)

1. As the presence of troops of Pakistan in the territory of the State of Jammu and Kashmir constitutes a material change in the situation since it was represented by the Government of Pakistan before the Security Council, the Government of Pakistan agrees to withdraw its troops from that State.

2. The Government of Pakistan will use its best endeavour to secure the withdrawal from the State of Jammu and Kashmir of tribesmen and Pakistani nationals not normally resident therein who have entered the State for the purpose of fighting.

3. Pending a final solution, the territory evacuated by the Pakistani troops will be administered by the local authorities under the surveillance of the commission.

B)

1.When the commission shall have notified the Government of India that the tribesmen and Pakistani nationals referred to in Part II, A, 2, hereof have withdrawn, thereby terminating the situation which was represented by the Government of India to the Security Council as having occasioned the presence of Indian forces in the State of Jammu and Kashmir, and further, that the Pakistani forces are being withdrawn from the State of Jammu and Kashmir, the Government of India agrees to begin to withdraw the bulk of its forces from that State in stages to be agreed upon with the Commission.

2. Pending the acceptance of the conditions for a final settlement of the situation in the State of Jammu and Kashmir, the Indian Government will maintain within the lines existing at the moment of the cease-fire the minimum strength of its forces which in agreement with the commission are considered necessary to assist local authorities in the observance of law and order. The Commission will have observers stationed where it deems necessary.

3. The Government of India will undertake to ensure that the Government of the State of Jammu and Kashmir will take all measures within its powers to make it publicly known that peace, law and order will be safeguarded and that all human political rights will be granted.

4. Upon signature, the full text of the truce agreement or a communique containing the principles thereof as agreed upon between the two Governments and the Commission, will be made public.

PART III

The Government of India and the Government of Pakistan reaffirm their wish that the future status of the State of Jammu and Kashmir shall be determined in accordance with the will of the people and to that end, upon acceptance of the truce agreement, both Governments agree to enter into consultations with the Commission to determine fair and equitable conditions whereby such free expression will be assured.

In order to classify the resolutions passed by the security council on 13th August 1948 and 5th January 1949 a number of assurances and clarifications were given to the Government of India by Security Council. The UNICP assurances pertaining to the resolution of 13th August 1948 and 5th January 1949 -

1. Responsibility for the security of the state of Jammu and Kashmir solely rests with the Govt of India.

2. The sovereignty of Jammu and Kashmir Government over the entire territory of the state cannot be challenged.

3. There shall be no recognition of Azad Kashmir Government will not be recognised.

4. The territory occupied by Pakistan will not to be consolidated to the disadvantage of the state.

5. Pakistan will have no part in the proposed plebiscite.

6. The administration of the evacuated areas of Northern Kashmir shall revert to the government of the state of Jammu and Kashmir and its defense to the govt of India, who will, if necessary, maintain garrison for preventing the intrusion of tribesmen and for guarding the main trade routes.

7. Plebiscite proposal shall not be binding on India if Pakistan does not comply with Part I and Part II of the Resolution of 13th August 1948.

8. The Commission will first explore the possibility of a plebiscite. If a plebiscite is found impossible for technical or practical reasons, the commission could then suggest alternative solutions. (35)

1.3.3 Pakistan avoiding the execution of the resolution

It is evident that despite various efforts of India, Pakistan did not implement the second part of the resolution passed by security council on 13th August 1948. On 1st January 1949 although Pakistan accepted the ceasefire it did not evacuate the occupied areas of Jammu and Kashmir. Till Pakistan did not implement the first and second part of the resolution it was not possible for India to execute the third part of the resolution.

Since the agenda of protecting the Anglo- American interest was accomplished by taking the Jammu and Kashmir issue to United Nations, even Lord Mountbatten stepped down from the position of Governor General on 21st June 1948 and went back to England along with his wife Edwina. Mountbatten was very upset till the end that he could not hand over the entire Jammu and Kashmir region to Pakistan. According to him it was not his strategy, but the mistakes of Pakistan which was responsible for this. “Can anybody even think that Pakistan will be foolish enough not to withdraw the tribals from there? I had told Liyakat that you just have to call the tribals to back from there after that the plebiscite will be held and you will win and Kashmir will be with you. But by not doing so you are getting Trapped in the web of Nehru, who himself after agreeing to hold the plebiscite is being criticized by his own supporters” (36).

1.4 Integration of princely states in India

When the United Nations Organisation was discussing the issue of Jammu and Kashmir at the same time in India the process of integration of the princely states had begun with a very fast pace. The princely states which had merged, now were going through the process of integration. This process in some areas was going on in a very rapid speed and in some places it was slow. In some areas the smaller princely states and principalities were merged together to make a larger state and, in some areas, the smaller estates merged with the neighbouring states. The bigger princely states were given the status of a grade B in the constitution. The princely state of Jammu and Kashmir was also in the same category. The rulers of these princely states were given the status of the head of the state.

It is important to understand the process of integration of the princely states which had merged into the union of India. The first step in this direction was to give representation to the princely states in the constituent assembly as per their population. Jammu and Kashmir had sent four representatives to the constituent assembly. Second step was to create a constitution for these States. Initially it was so believed that if the constitution for the princely states was made by the constituent assembly of India then it will be considered as interference with the internal matters of these princely states. So, it was decided that the princely states will formulate their own constituent assembly and they will make their own constitution. However, it was important to ensure that their constitutions would be in sync with the constitution of India.

The process of formulating constitutions was getting delayed because the constituent assemblies were not elected in all the states. It was also felt that if all the princely states make different constitutions then there will be no uniformity and consistency, which may create problems at the later stage. Therefore, under the presidentship of B. N. Rao, a committee was formed. Committee had to create an ideal constitution for all the princely states. While drafting their own constitution, various constituent assemblies could referred to this Draft Constitution.

When this process began, it was realised that it won't be correct to allow some units of the Indian Union to create a separate constitution. On 19th may 1949 a meeting was convened of all the prime ministers of different princely states. With their consent it was decided that the constituent assembly of India will create constitutions for these princely states also and all these constitutions will be part of the Constitution of India. However, by now the draft of the constitution of India was almost ready, therefore a committee was created under the presidentship of M. K. Vellodi. This committee had to study the draft constitution and propose amendments in the constitution so that the existing state and the princely states were at par with each other.

The Vellodi committee, after consulting the draft Committee of Constitution of India, recommended a number of amendments. The princely states which already had a constituent assembly discussed these proposed amendments. Only three princely states or the group of princely states had formed a constituent assembly, these were Saurashtra, Mysore and Travancore and Cochin. Constituent assembly of Saurashtra accepted the proposed constitution as it is, the other two recommended some constitutional amendments. Some of the amendments suggested by the representative were incorporated the others were not.

1.5 inserting article 370

The Constituent Assembly had prepared the constitution by the middle of 1949, the draft committee, after debating and discussing some of the part of the Constitution had passed the constitution of India. All the states of the Union of India were divided in three parts. A) Those States which were part of British India, B) The princely states which had integrated with India under Govt of India Act of 1935 and India Independence act of 1947.

There was provision to organise state legislatures for the states under category A and B. The governors for the states of category A were to be appointed by the President of India and for category B the heads of the state were to be appointed by the President. This head of the state were basically the former rulers of the princely states. Besides the two the third category, C where the princely states or groups of princely states which merged with India but they were directly administered by the center. Although the process of formulating the Constitution was in its last final face but there were many issues which were unresolved

1.5.1 The need of article 370

Jammu and Kashmir was one of the states where the issues were unresolved. War were on in the region. Pakistan had forcefully occupied huge part of Jammu and Kashmir. The Government of India had taken this matter to the security council so that Pakistan could be declared the aggressor and the area illegally occupied by Pakistan could be freed. The matter was still pending in the security council and despite the resolutions passed by the security council Pakistan did not evacuate the illegally occupied area of Jammu and Kashmir.

Despite this uncertainty, it was unfair to keep the democratic process away from the state of Jammu and Kashmir. Along with this it was also important to implement the constitution of India in the state, hence the idea of Article 370 was generated. Article 370 was to implement the constitution of India in Jammu and Kashmir, though a process created for the same. On 17th October 1949 while presenting article 370 the constituent assembly Gopalswamy Iyyangar brought out the importance and necessity of article 370. He said that ‘We are currently tangled up in the United Nations with the Kashmir issue we do not know how long will it take to resolve this matter…. therefore article 370 is a temporary provision.

According to article 370-

Article 370 in The Constitution of India 1949

370. Temporary provisions with respect to the State of Jammu and Kashmir

(1) Notwithstanding anything in this Constitution,

(a) the provisions of Article 238 shall not apply in relation to the State of Jammu and Kashmir;

(b) the power of Parliament to make laws for the said State shall be limited to

(i) those matters in the Union List and the Concurrent List which, in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and

(ii) such other matters in the said Lists as, with the concurrence of the Government of the State, the President may by order specify Explanation For the purposes of this article, the Government of the State means the person for the time being recognised by the President as the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the Maharajas Proclamation dated the fifth day of March, 1948 ;

(c) the provisions of Article 1 and of this article shall apply in relation to that State;

(d) such of the other provisions of this Constitution shall apply in relation to that State subject to such exceptions and modifications as the President may by order specify: Provided that no such order which relates to the matters specified in the Instrument of Accession of the State referred to in paragraph (i) of sub clause (b) shall be issued except in consultation with the Government of the State: Provided further that no such order which relates to matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of that Government

(2) If the concurrence of the Government of the State referred to in paragraph (ii) of sub clause (b) of clause ( 1 ) or in the second proviso to sub clause (d) of that clause be given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon

(3) Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify: Provided that the recommendation of the Constituent Assembly of the State referred to in clause ( 2 ) shall be necessary before the President issues such a notification

Basically, till peace is not restored in Jammu and Kashmir and the condition does not become normal till then to implement the constitution of India in Jammu and Kashmir, article 370 was an alternative arrangement. Within the constitution of India the arrangement was made so that was the situation gets normal in Jammu and Kashmir it will also merge with India and the temporary transitory article 370 will be removed. Thus article 370 remains a temporary provision

1.6 Ratification of Union Constitution by the princely states

The biggest question was how exactly to implement the constitution in the princely states which had merged with India? After long discussions and consultations, it was decided that the constitution of India, which is now consistent with the interim constitution of the princely states, also will be ratified by the heads of the princely states. Ratification by the head of the state will be based on the resolution passed by the constituent assembly of the princely state. Thus, three states, which had constituent assembly, got the opportunity discuss the provisions of the constitution dealing with the provisions related to the princely states. States.

However, the bigger question was what to do with those princely states where the constituent assemblies were not formed? How will they ratify the constitution of India? While clarifying the condition the Minister from the State Ministry said-

“It is a matter of deep regret for me that it has not been possible for us to adopt a similar procedure for ascertaining the wishes of the people of the other states and Unions of States through their elected representatives. …Unfortunately we have no properly constituted Legislatures in the rest of the States, nor will it be possible to have Legislatures constituted in them before the constitution of India emerges in its final form. We have , therefore no option but to make the Constitution operative in these states on the basis of its acceptance by the Rulers or the Rajpramukh, as the case may be, who will no doubt consult the Council of Ministers….. The legislatures of these states, when constituted under the new Constitution, may propose amendments to the Constitution…” (37)

1.6.1 The implementation of the Indian Constitution in Jammu and Kashmir

In November 1949 the Heads of the states or Rajpramukhs of states of category B had to, through public declaration, implement the Union Constitution, which would be dedicated formally to the people of India on 26th January 1950, which would make India a Republic. A similar public announcement was made by the Regent Prince Karan Singh Bahadur on 25th November 1949. According to this announcement- “The State is closely linked with the rest of India, by a community of interests, in the in economic, political and other fields, it is desirable, that the constitutional relationship established between this state and the Dominion of India should be continued as between this state and the contemplated Union of India; the constitution of India as drafted by the constituent assembly of India, which includes duly appointed representatives of this state, provides suitable basis for doing so; I now hereby declare and direct- That the constitution of India, shortly to be adopted by the constituent assembly of India, shall in so far as it is applicable to the state of Jammu and Kashmir, govern the constitutional relationship between this state and the contemplated Union of India and shall be enforced in this state…” (38) Article 1 and Article 370 of Indian Constitution were implemented in Jammu and Kashmir and the same Article 370 empowered the President of India to implement other provisions of the constitution, with agreement from the state govt.

Article 370 also defined the State govt. - the Government of the State means the person for the time being recognised by the President as the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the Maharajas Proclamation dated the fifth day of March, 1948. This clearly means, that state govt means that person, who has been recognized by the President as the Maharaja of Jammu and Kashmir, but the Maharaja had to work in accordance to the advice of the Council of Ministers, appointed by the Maharaja on 5th March 1948.

In the White Paper on Indian States, the govt has clarified the situation of Jammu and Kashmir, so that there remains no confusion. According to the White paper-

The state of Jammu and Kashmir acceded to India on October 26, 1947. The form of Instrument of Accession executed by the Ruler of the State, is the same as the Instruments executed by the Rulers of other acceding States. Legally and Constitutionally, therefore the position of this state is the same as that of other acceding States. The Govt of India, no doubt, stand committed to the position that the accession of this state is subject to confirmation by the people of the state. This, however, does not detract from the legal fact of accession. The State therefore has been included in Parr B States.” (39)

1.7 The constituent assembly of Jammu and Kashmir

When the Indian National Congress was struggling for independence, at the same time in different princely states the Congress was in coordination with the Praja Mandals in different states. The State of Jammu and Kashmir Sheikh Abdullah had formed a party called Muslim conference, which started a movement in the Kashmir Valley to end the Dogra rule and establish a democratic government. Later the party got divided and Sheikh Abdullah formed a new political party called the National Conference. Maharaja Hari Singh was a progressive leader and was a reformist. In order to allow the people of Jammu and Kashmir to participate in administration and by accepting the demand of different political parties, in the year 1934 he implemented a constitution. Under the constitution Praja Sabha or a Legislative Assembly of Jammu and Kashmir was established. After various amendments it was popularised in the name of Jammu Kashmir Constitution Act of 1939. Under this constitution there were systematic elections for the Legislative Assembly. It is interesting to note that under the British India for the Legislative Assembly Elections, including all the different categories the voters were only 13% however in the Jammu and Kashmir princely state the right to vote was given to 14%. According to the constitution of the state the last election for the Legislative Assembly of Jammu and Kashmir was held in January 1947, however, within few months India became independent and the princely state of Jammu and Kashmir acceded to India. Although, the Praja Sabha or the Legislative Assembly had a long valid tenure, but since many members of the Assembly went to Pakistan, this elected body, the constitution of Jammu and Kashmir was not practically functionable. At the same time there was an Attack by Pakistan on Jammu and Kashmir. In this emergency situation Maharaja Hari Singh appointed Sheikh Abdullah as the emergency administrator after that when the condition improved a little Maharaja created his Council of Ministers again on 5th March 1948 after removing the emergency Administration and in the place of Mehar Chand Mahajan he appointed Sheikh Abdullah as the Prime Minister of the state. According to Maharaja Hari Singh it was his desire that instead of emergency administration he must have a popularly elected interim government, (40) It is but natural that Hari Singh wanted completely democratic constitution in his state. In the same announcement he also made it very clear that the new democratic constitution will depend upon the votes based on Universal Adult Suffrage and the role of the hereditary ruler will only be of a constitutional head. Thus from 1934 gradually the democratic Constitution was establishing and was progressing in Jammu and Kashmir, it was in continuation of this process that Maharaja Hari Singh made this declaration on 5th March 1948.

The princely states which acceded to India, consisted of some big States, they all had their legislative assemblies, in some form or the other, even before the integration. Jammu and Kashmir was also one such State, however, integration of these princely states was decided before 26 January 1950 and their constitutions were also integrated in the Constitution of Union of India.

In the state of Jammu and Kashmir there was a war going on because of attack from Pakistan and there it was not possible to fulfil all these formalities. After the ceasefire the attention was diverted towards these procedures. It was important to systematically organised a constituent assembly to expedite the process of integration of the state. It was important to form the constituent assembly because it was the constituent assembly of Jammu and Kashmir which would ratify the accession of the state with India.

Considering the complications created by the British-American diplomacy in the security council with regard to the question of Jammu and Kashmir, by bringing up the issue of plebiscite time and again to fulfil its capitalist and imperialistic agenda, the only alternative was to formulate the constituent assembly at the earliest and get the approval of this constituent assembly on the accession of the state of Jammu and Kashmir in India. The constituent assembly of the state was the only solution to the conspiracy against Jammu and Kashmir in the security council. The security council failed to get the resolution of 13th August 1948 implemented by Pakistan under which Pakistan head to vacate the illegally occupied areas of Jammu and Kashmir. It was sending its representative time and again to Kashmir to ensure the plebiscite.

One such representative was a retired judge from, Australian Supreme Court, Sir Ovan Dixon, who came to Srinagar and on 15th September 1950 he submitted his report to the security council. According to this report, the illegally occupied territory by Pakistan should have remained with Pakistan, Ladakh should remain with India and Jammu was to be divided between India and Pakistan. He also suggested to hold plebiscite in Kashmir but before that he wanted the government to be dismissed and Kashmir to be handed over to the United Nations administration. If United Nations administration wanted law and order to be maintained, they could invite the Army of Pakistan and India. India refused to accept this proposal

The state of Jammu and Kashmir was very angry with this attitude of the security council. On 27th October 1952 National Conference organised a convention, rejecting this proposal on behalf of the people of Jammu and Kashmir and also demanding the formation of the constituent assembly. In the convention a resolution was passed stating that all the procedures were adopted by the security council so far, were not only impractical but they also encourage the uncertainty in the area. It has definitely put the people of Jammu and Kashmir in uncertain and unpleasant situation. National Conference is worried with this development but it cannot let this condition of distrust for a long time.

The General Council was of the opinion that it was right time to take initiative to end this situation of indecisiveness and uncertainty. The Council notified that on the basis of Universal adult franchise, the constituent assembly should soon be formed. All the regions and all the sections of the society of Jammu and Kashmir should be included to decide the form of the constituent assembly and also to decide the relation of Jammu and Kashmir with the Union of India, (41)

In an interview to an American magazine Sheikh Abdullah said that “if the Security council does not take a decision in near future then the people of the Jammu and Kashmir will find their own way to express their opinion, so that the existing uncertainty and difficulties come to an end. Then they will form their own constituent assembly and Express their opinion.” (42)