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Jammu & Kashmir

A Profile
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Location

Strategically located Jammu and

Kashmir State constitutes the
northern most extremity of India.

Situated between 32.17 degree and

36.58 degree north latitude and
37.26 degree and 80.30 degree east
longitude, the total area of the State
is 22,22,236 sq. kms including 78114
sq kms under the illegal occupation
of Pakistan and 42,685 sq kms under
that of China, of which Pakistan
illegally handed over 5130 sq kms to
China. The State is bounded by
Pakistan, Afghanistan and China
from the West to the East.
The State is well connected with rest of the country by air, rail and road . The Indian Airlines and
private airlines operate regular flights to Srinagar, Jammu and Leh.

The National Highway 1-A connects the capital cities of Srinagar and Jammu with rest of the
country. There are daily passenger trains connecting Jammu with most of the major cities of the
country.

The State ranks 6th in area and 17th in population among the States and Union Territories of India.
The State consists of 14 districts, 59 tehsils, 119 blocks, 3 municipalities, 54 towns and notified
area committee, 6477 inhabited villages and 281 uninhabited villages.
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It has four geographical zones of

1. Sub-mountain and semi-mountain plain known as kandi or dry belt,

2. The Shivalak ranges,
3. The high mountain zone constituting the Kashmir Valley, Pir Panchal range and its off-
shoots including Doda, Poonch and Rajouri districts and part of Kathua and Udhampur
districts
4. The middle run of the Indus river comprising Leh and Kargil.

The State of Jammu and Kashmir is the northern most state of India comprising three distinct
Climatic regions viz. Arctic cold desert areas of Ladakh, temperate Kashmir valley and sub-
tropical region of Jammu.

There is a sharp rise of altitude from 1000 feet to 28250 feet above the sea level within State’s four
degree of latitude.

The climate varies from tropical in Jammu plains to semi-arctic cold in Ladakh with Kashmir and
Jammu mountainous tracts having temperate climatic conditions. The annual rainfall also varies
from region to region with 92.6 mm in Leh, 650.5 mm in Srinagar and 1115.9 mm in Jammu. A
large part of the State forms part of the Himalayan mountains. The State is geologically constituted
of rocks varying from the oldest period of the earth’s history to the youngest present day river and
lake deposits.

Flora & Fauna

The State is rich in flora and fauna. In Jammu, the flora

ranges from the thorn bush type of the arid plain to the
temperate and alpine flora of the higher altitudes. Of the
broad leaf trees there are maple, horse chest nuts, silver
fir etc. At the higher altitudes there are birch,
rhododendron, Berbers and a large number of herbal
plants.

In the hilly regions of Doda, Udhampur, Poonch and

Rajouri there is a large and varied fauna including
leopard, cheetah and deer, wild sheep, bear, brown
musk shrew, musk rat. Varieties of snakes, bats, lizards
and frogs are also found in the region. The game birds in
Jammu include chakor, snow partridge, pheasants,
peacock.
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Kashmir abounds in rich flora. The Valley which has been

described as the ‘Paradise’ on Earth is full of many hues of
wood and game. The most magnificent of the Kashmir trees is
the Chinar found throughout the valley. It grows to giant size
and girth. The trees presents itself in various enchanting
colours through the cycle of the seasons among which its
autumnal look is breath-taking. Mountain ranges in the Valley
have dense deodar, pine and fir. Walnut, willow, almond and
cider also add to the rich flora of Kashmir.

The dense forests of Kashmir are a delight to the sport-lovers

and adventures for whom there are Ibex, Snow Leopard,
Musk deer, wolf, Markhor, Red bear, Black bear and Leopard.
The winged game include ducks, goose, partridge, chakor,
pheasant, wagtails, herons, water pigeons, warblers, and
doves.In otherwise arid desert of Ladakh some 240 species of
local and migratory birds have been identified including black-
necked crane.
The Ladakh fauna includes yak, Himalayan Ibex, Tibetan antelope, snow leopard, wild ass, red
bear and gazelle.

Important Facts : Jammu & Kashmir

• CAPITAL: Summer(May-October)- Srinagar Winters(Novemenber-April)- Jammu

• LANGUAGES : Urdu, Kashmiri, Hindi, Dogri, Pahari, Ladakhi,
• POPULATION: 77,18,700
• POPULATION GROWTH RATE 29%
• SEX RATIO :923 (Females per 1000 males)
• AREA : 2,22,236 Sq Kms.
• POPULATION DENSITY : 34 (persons per sq. km)
• POPULATION BELOW POVERTY LINE:(1987-88) 13.9%
• URBANISATION RATIO 23.83(All India average: 25.7)
• PERCENTAGE OF WORK FORCE IN POPULATION : 44.3 %
• MAIN WORKERS TO TOTAL POPULATION :30.37 %
(All India Average 33.45 %)
• AGRICULTURE WORKERS/TOTAL POPULATION :49 %
(All India Average 24.94 %)
• TOTAL REPORTED AREA 24.16 Lakh Hectares
• NET SOWN AREA 30%
• AVERAGE SIZE OF LAND HOLDING 0.83 Hectares
• NET IRRIGATED AREA/ NET SOWN AREA 42%
• IRRIGATION INTENSITY 144%
• GROSS CROPPED AREA 10.73 Lakh Hectares
• CROPPING INTENSITY 146%
• AREA UNDER HIGH YIELDING VARIETIES : 9.19 Lakh Hectares
• FOOD GRAIN PRODUCTION 14.55 lakh MTs
• LIVE STOCK POPULATION (1992)87.07 lakhs
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• TOTAL NUMBER OF BANK BRANCHES(March,1997) : 950

• AVERAGE POPULATION PER BANK BRANCH: 8000
(National Average: 15000)
• TOTAL BANK DEPOSITS (March,1997) : Rs. 5326.85 Crores
• OUTSTANDING ADVANCES : Rs. 1540.12 Crores
• Post Offices (1993-94) 1,583
• Telegraph offices (1993-94) 424

A major portion of J&K State consists of the western Himalayas, which besides many lofty
mountain ranges with varying heights of 3000 to 6000 metres and above, also abound in rivers,
lakes, passes, glaciers, plateaus and plains. The number of streams, brooks, hill torrents and
rivers is also fairly large. The most important rivers are the Indus, Chenab, Jehlum and Ravi.

POPULATION
The projected population (1995) of the State, excluding the illegally occupied areas by Pakistan
and China, is 76.77 lakhs.The State with its summer and winter capitals at Srinagar and Jammu,
respectively, is divided into 14 districts.

In population, the State is one of the smallest in the country and accounts for less than one
percent of the people enumerated in 1981. Population showed sluggish growth in the first six
decades of the present century and the decadal growth rate ranged from 5.75 to 10.42 during
1901 to 1961. The latest two decades have, however, shown growth of 29.65%and 29.69%, which
reflects considerable fall in death rate without any substantial fall in birth rate in the post
independence years.

• GROWTH OF POPULATION

The State has registered a net addition of 13.71 lakh persons raising the population from
46.16 lakhs in 1971 to 59.87 lakhs in 1981. The state population contributes less than one
percent of the country’s population. Nevertheless, the rate of growth observed during the
last two decades at 29.65 % and 29.69% has been substantially higher than the national
growth rates of 24.80 % and 25% respectively. Thus, the decadal growth rate of
population in the state that was around 10% in the proceeding three decades has almost
trebled in the last two decades. The annual growth rate of 2.97% during 1971 –81 is the
highest the state has ever experienced.

• RURAL AND URBAN POPULATION

As against one third in Maharashtra and West Bengal and one fourth in Karantaka, only
one fifth of the population in J&K resides in urban areas. 23.83 % population has been
recorded as urban in the state against the National Average of 25.72%. Jammu city has
recorded very rapid growth and presently ranks as the 48th bigest city in the country.
Besides the cities of Jammu and Srinagar, other important towns are the district
headquarters of Anantnag, Pulwama,Budgam, Baramulla, Kupwara, Udhampur,
Kathua,Rajouri ,Poonch ,Doda, Leh and Kargil.. The remaining towns continue to have
many rural features and pursuits reflecting the state’s predominant Agro-pastoral
economy.

• HUMAN RESOURCES DEVELOPMENT

Against the All India Level of 36.23 % as per 1981 census, the rate of literacy for the State
is indicated as 26.67% with 45.56% for urban areas and 212.63% in the rural areas,
36.29% among males and 15.88% only among females. District Jammu with 42.86% tops
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the literacy level with male literacy at 52.60% and female literacy at 32.24%. A special
emphasis is being laid on development of human resources in the State. There are more
than 15000 schools with an enrolment of about 1.5 million. Similarly, there are 32 colleges
with an enrolment of about 0.40 lakhs. For higher studies, there are now three universities
one in Jammu and others in Kashmir. The total number of students in general education at
the university stage is about 0.4 lakhs which includes 14083 females. The number has
gone up six fold since 1950-51 when it was 2669 only. The professional Institutions
include

o two Engineering Colleges in Srinagar and Jammu,

o four Polytechnics
o 37 Industrial Training Institutes

with an enrolment of about 4000. There is one Medical Institute, four Medical Colleges,
100 Hospitals, 343 Primary Health Centers and 3326 Medical Sub Centers with total bed
strength of more than 10,000 in the State. The availability of human resources includes
about

o 23000 graduates and post graduates

o 4500 Degree/Diploma Engineers

o about 12000 ITI trained personnel, and other skilled personnel.

J & K : A Historical Perspective

History
Accession
The Story Behind
History

Jammu and Kashmir came into being as a single political and geographical entity following the
Treaty of Amristar between the British Government and Gulab singh signed on March 16, 1846.
The Treaty handed over the control of the Kashmir State to the Dogra ruler of Jammu who had
earlier annexed Ladakh. Thus a new State comprising three distinct religions of Jammu, Kashmir
and Ladakh was formed with Maharaja Gulab Singh as its founder ruler. The feudal dispensation
in the State, however, was too harsh for the people to live under and towards the end of a
hundred years of this rule when their Indian brethren were fighting for independence from the
British under the inspiring leadership of Mahatma Gandhi and Pandit Jawahar Lal Nehru, the
Kashmiris led by a towering personality, the Sher-I-Kashmir Sheikh Mohammad Abdullah, rose
against the autocracy. The autocratic rule came down heavily on the people’s freedom movement.
However, the people laid their lives in the cause of freedom and to uphold the ideals of
secularism, equality, democracy and brotherhood.

The high point of the movement was July 13, 1931 when 22 protesters were martyred. The event
strengthened the movement and contrary to the expectations of the then rulers, the peopled
emerged more determined in their resolution to seek an end to autocratic rule. By the time the
rulers could realise the futility of breaking the will of the people with the might of the State, the
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National Conference, headed by Sheikh Mohammad Abdullah, had become a mass movement
and a force to reckon with. It broke the barriers of region and religion and became a popular and
secular voice of the people of the State whose collective yearning was freedom from autocracy
and the establishment of a popular rule. The people’s movement spearheaded by the National
Conference saw several ups and downs with its leaders particularly the Sher-I-Kashmir suffering
vissitudes and long internment.

Accession

Jammu and Kashmir was one of about 565 princely States of India on which the British
paramountcy lapsed at the stroke of midnight on August 15, 1947. While the power was
transferred to the people in British India, the rulers of the princely States were given an option to
join either of the two Dominions – India or Pakistan.

The Government of India Act 1935, as adopted in the Indian Independence Act, 1947, provided,
"An Indian State shall be deemed to have acceded to the Dominion if the Governor General has
signified the acceptance of an Instrument of Accession executed by the rule thereof." India,
Pakistan and even Britain were party to these provisions. So the choice of joining either of the
Dominions was left to the Rulers of the States concerned. Moreover, in the Indian Independence
Act, 1947, there was no provision for any conditional accession.

Kashmir Hamara Hai "historical speech of Sheikh Mohammd

Abdulla
in presence of Pandit Nehru in Lal Chowk.
The Ruler of Jammu and Kashmir, Maharaja
Hari Singh did not exercise the option immediately and instead offered a proposal of Standstill
Agreement to both the Dominion, pending final decision on State’s accession. On August 12,
1947, the Prime Minister of Jammu and Kashmir sent identical communications to the
Government of India and Pakistan which read, "Jammu and Kashmir Government would welcome
Standstill Agreement with Union of India/Pakistan on all matters on which there exists
arrangements with the outgoing British India Government." Pakistan accepted the offer and sent a
communication to J&K Prime Minster on August 15, 1947. It read, "The Government of Pakistan
agrees to have Standstill Agreement with Jammu and Kashmir for the continuation of existing
arrangements …". India did not agree to the offer and advised the Maharaja to send his
authorized representative to Delhi for discussion on the offer.
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The Story Behind

Pakistan, though entered into Standstill Agreement, had an eye on Jammu and Kashmir. Even
before the lapse of the British paramountcy on J&K, Mr.Mohammed Ali Jinnah, author of two-
nation theory, had plans to grab the Paradise on Earth. He had once boastfully declared that
"Kashmir is blank cheque in my pocket." The Pakistan’s designs on Kashmir could be well judged
from the comments appearing on August 24, 1947 issue of its semi-official daily Dawn, "… the
time has come to tell the Maharaja of Kashmir that he must make his choice and choose
Pakistan…. Should Kashmir fail to join Pakistan the gravest possible trouble will inevitably ensue."
In his bid to woo Sher-I-Kashmir Sheikh Mohammed Abdullah, the undisputed leader of Kashmir,
Mr.Jinnah visited Srinagar a couple of times, but failed to achieve his objective. Even his
arrogance and browbeating tactic did not pay him.

The Maharaja was already facing a formidable challenge from the people who had launched the
Quit Kashmir movement under the leadership of Sher-I-Kashmir Sheikh Mohammad Abdullah
against the autocratic rule. Quit Kashmir movement ran parallel to the national movement with
Sheikh Mohammad Abdullah having close association with the leaders of the national movement
against British rule. The national leaders like Mahatma Gandhi and Pandit Nehru too espoused
the cause of the people of Kashmir seeking political freedom from autocratic rule. To deal with the
people’s upsurge, Maharaja had even detained Sheikh Abdullah on May 20, 1946 for
spearheading ‘Quit-Kashmir’ movement. Faced with new alarming situation arising out of
repeated violations of the Standstill Agreement by Pakistan and blocking of Pindi-Srinagar road,
the Maharaja set him free on September 29, 1947. Sher-I-Kashmir, as he was fondly called by the
people for his unmatched courage, deputed his close aide Kh.G.M.Sadiq to Pakistan to tell Pak
leaders about the sentiments of the people who can not be taken for granted and coerced to join
them. This plain speaking did not desist Pak for her designs.

While addressing a mammoth public meeting at Hazuri Bagh, Srinagar on October 1, 1947, Sher-
I-Kashmir had made things about the future of the state obvious when he said, "Till the last drop
of my blood, I will not believe in two-nation theory." It was yet another rebuff to Mr.Jinnah.Finding
their designs on Kashmir not fructifying, Pakistan rulers launched an armed attack on Jammu and
Kashmir to annex it. Tribals in thousands alongwith Pak regular troops entered the State on
October 22, 1947 from several points and indulged in bloodshed and mayhem. The bewildered
people of the estate were not expecting an attack from Pakistan especially in view of the Standstill
Agreement.

Bowing before the wishes of the people as reflected by Muslim dominated National Conference
and to push back the invaders, the Maharaja signed the Instrument of Accession in favour of India
on October 26, 1947 on the prescribed terms and conditions. This was accepted by the Governor
General of India, Lord Mountbattan next day. The Instrument of Accession executed by Maharaja
Hari Singh was the same which was signed by other rulers of the princely States. Similarly, the
acceptance of the Instrument of Accession by the Governor General was also identical in respect
of all such instruments. He was to write, "I do hereby accept the Instrument of Accession." It could
not be conditional as mere acceptance by the Governor General was complete and final.

With J&K becoming legal and constitutional part of Union of India, the troops were rushed to the
state to push back the invaders and vacate aggression from the territory of the state. The first
batch of Indian Army troops arrived at Srinagar airport immediately after the Accession was
signed. On October 30, 1947 an Emergency Government was formed in the State with Sheikh
Mohammad Abdullah as its head. The Army fought sustained battle with the tribals and after
several sacrifices pushed them out of the Valley and other areas in the Jammu region.

Meanwhile, the people of Kashmir under the towering leadership of Sher-I-Kashmir were
mobilised and they resisted the marching columns of the enemy. Till the arrival of the troops, it
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were mainly the Muslim volunteers under the command of Sheikh Mohammad Abdullah who
braved death to push back invaders. Lt.General P.C.Sen who as Brigadier functioned as
Commander of 161 Infantry Brigade in Srinagar during 1947-48, wrote in his book, ‘Slander was
the Thread’, "These volunteers moved across the mountains and forests with speed and gave
accurate information the army about enemy’s strength, location and movements". While the army
pushed back the invaders, there are several instances where people put up a gallant resistance
and stopped the advance of the invaders. The most glaring examples of people’s resistance was
the martyrdom of Mohammad Maqbool Sherwani and Master Abdul Aziz.

Shaheed Sherwani, a staunch follower of Sher-I-Kashmir, did not oblige the invaders when they
enquired from him the route to Srinagar. Instead, he put them on a wrong track gaining time for
troops to come. Somehow the tribesmen came to know about his tactics and nailed him at a
Baramulla crossing and asked him to raise pro-Pakistan slogans. He did raise slogans but these
were different. These were pro-Hindu Muslim amity and in favour of Sher-I-Kashmir. Engaged by
this, the ruthless tribesmen emptied their guns on him.

The sacrifice of Master Abdul Aziz too was exemplary. The invaders who raped the nuns and
wanted other non-Muslim women to handed over to them, Master Abdul Aziz, a tailor by
profession, held the holy Quran in his hand and said that they can touch the women only over his
dead body and the holy Quran. The brutal killers did not spare him.

On January 1, 1948 India took up the issue of Pak aggression in Jammu and Kashmir in UNO
under Article 35 of its charter. The Government of India in its letter to the Security Council said,
"…Such a situation now exists between India and Pakistan owing to the aid which invaders,
consisting of nationals of Pakistan and tribesmen… are drawing from Pakistan for operations
against Jammu and Kashmir, a State which has acceded to the Dominion of India and is part of
India. The Government of India requests the Security Council to call upon Pakistan to put an end
immediately to the giving of such assistance which is an act of aggression against India. If
Pakistan does not do so, the Government of India may be compelled, in self defence, to enter into
Pakistan territory to take military action against the invaders." After long debates, cease-fire came
into operation on the midnight of January 1, 1949. Presence of Pak regular troops in the Valley
was attested even by UNCIP documents (UNCIP first report).

At the time of cease-fire, Pakistan was holding 78114 sq.Kms illegally and this aggression on that
territory continues even today. On March 5, 1948, the Maharaja announced the formation of an
interim popular Government with Sheikh Mohammad Abdullah as the Prime Minister.
Subsequently, the Maharaja signed a proclamation making Yuvraj Karan Singh as the Regent.
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Pandit Shyam Lal Saraf, an old worker and known leader

of the National Conference, Supplies Minister
During one of the debates in UN Security Council on
February 5, 1948, Sher-I-Kashmir, said "aggression and not the accession is the issue." The
Security council, however, passed a resolution on plebiscite in Jammu and Kashmir subject to
certain conditions. The resolution had three parts, one relating to cease-fire while the second, the
most important and relevant, was a truce agreement which provided the mechanism for plebiscite.
As per the agreement, Pakistan Government agreed to withdraw its troops from the State and
undertake to secure the withdrawal of its tribesmen and nationals who had invaded the State. The
territory thus evacuated by the Pakistani troops would be administered by local authorities under
the surveillance of UN Commission for India and Pakistan.

The second part of this agreement related to the obligation of Government of India which would
have come into force after Pakistan had fulfilled its obligation in part A of the agreement and
thereby terminated the situation which occasioned the presence of Indian troops. On being
notified that Pakistan had withdrawn its forces, the Government of India would begin withdrawal of
bulk of its forces in stages but she will maintain the minimum strength of its forces necessary for
law and order with the Commission stationing its observers.

The third part related to reaffirmation of both the countries to determine the wish of the people.

Pakistan, knowing well the fate of such plebiscite at that time did not take any step to fulfil its
obligations under the agreement and continued to hold the territory of the State illegally and
forcefully even today. The issue plebiscite was linked with the condition of withdrawal of Pakistani
forces and tribesmen from the occupied territory of the state which it never fulfilled, making the
resolution absolutely irrelevant. On the other hand, J&K after attaining political freedom, marched
ahead to strengthen democratic structure. Moreover, the truce agreement on plebiscite was
superseded by the Shimla Agreement between India and Pakistan signed on July 3, 1972 itself,
the two countries undertook to resolve all differences bilaterally and peacefully. Pakistan, through
its commitments enshrined in this Agreement, accepted the need to once and for all shift the
Kashmir question from the UN to the bilateral plane.
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The first important speech of Pandit Nehru in Lal Chowk.

"India will never let down Kashmir" and the Indian army
will fight on till the last raider is driven out.
In 1951, the State Constituent Assembly was
elected by the people. The Assembly met for the first time in Srinagar on October 31, 1951. Close
on the heels of this, the Delhi Agreement was signed between the two Prime Ministers of India
and Jammu and Kashmir giving special position to the State under the Indian Constitutional
framework. The Constituent Assembly elected the Yuvraj as the Sadar-I-Riyasat on November 15,
1952, thus bringing to end the 106 year old hereditary rule in Jammu and Kashmir. The State
Constituent Assembly ratified the accession of the State to the Union of India on February 6, 1954
and the President of India subsequently issued the Constitution (Application to J&K) Order under
Article 370 of the Indian Constitution extending the Union Constitution to the State with some
exceptions and modifications. The State’s own Constitution came into force on January 26, 1957
under which the elections to the State Legislative Assembly were held for the first time on the
basis of adult franchise the same year. This Constitution ratified the State’s accession to Union of
India. Section 3 of the Constitution makes this historic fact a reality. This section 3 of the
Constitution says, "The Sate of Jammu and Kashmir is and shall be an integral part of the Union
of India." The Section 4 of the Constitution defined the territories which on the fifteenth day f
August, 1947, were under the sovereignty of suzerainty of the Ruler of the State." Since then
eight assembly elections have been held in the state besides Lok Sabha elections where the
people exercised their franchise freely.

While the people of the state continue to march ahead for socio-economic emancipation as per
the Naya Kashmir charter for better quality of life, Pakistan continued with her plans to grab
Kashmir through force. Pakistan waged two wars in 1965 and 1971 to annex Kashmir but the
people gave her befitting reply and repulsed her attacks with the help of army like they did in
1947-48. Failing to match India’s military power, it launched a low intensity war through militancy
in 1990 which took a toll of 20,000 human lives besides destroying private and public property.

Constitution of J&K Assembly

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Proclamation of May 1, 1951 on J&K Constituent Assembly

Members of National Level Constituent Assembly
Members of J&K Constituent Assembly
Speech of Sheikh Mohammed Abdullah on 5 Nov., 1951

Proclamation of May 1, 1951 on J&K Constituent Assembly

Whereas it is general desire of the people of the State of Jammu and Kashmir that a Constituent
Assembly should be brought into being for the purpose of framing a constitution for the State;
Whereas it is commonly felt that the convening of the Assembly can no longer be delayed without
detriment to the future well-being of the State. And whereas the terms of the proclamation of the
Maharaja dated 5 March, 1948 in regard to the convening of a national assembly as contained in
clauses 4 to 6 of the operative part thereof do not meet the requirements of the present situation;

1, Yuvraj Karan Singh, do hereby direct as follows :

i.A Constituent Assembly consisting of representatives of the people, elected on the basis of
adult franchise, shall be constituted forthwith for the purpose of framing a constitution for the
State of Jammu and Kashmir;
ii.For the purposes of the said elections the State shall be divided into a number of territorial
constituencies, each containing a population of 40,000 or as near thereto as possible, and
each electing one member. A delimitation committee shall be set up by the Government to
make recommendations as to the number of constituencies and the limits of each
constituency;
iii.Elections to the Constituent Assembly shall be on the basis of adult franchise, that is to say,
every person who is a State subject of any class, as defined in the notification No……, is not
less than twenty-one years of age on the first day of March, has been a resident in the
constituency for such period as many be prescribed by the rules, shall be entitled to register
in the electoral rolls of that constituency, provided that any person who is of unsound mind or
has been so declared by a competent court, shall be disqualified for registration;
iv.The vote at the election shall be by direct and secret ballot ;
v.The Constituent Assembly shall have power to act notwithstanding any vacancy of the
membership thereof ;
vi.The Constituent Assembly shall frame its own agenda and make rules for the governing of
its procedure and the conduct of its business.

The Government shall make such rules and issue such instructions and orders as may be
necessary to give effect to the terms of this proclamation.

Members of National Level Constituent Assembly

1. Sheikh Mohammad Abdullah.

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2. Mirza Mohammad Afzal Beg.

3. Maulana Mohammad Syed Masudi.

4. Moti Ram Baigra.

Members of J&K Constituent Assembly

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S.No. Members Constituency

1. Maulana Mohammad Sayeed Masudi Amira Kadal
2. Sheikh Mohammed Abdullah Hazratbal
3. Bakshi Ghulam Mohammed Safa Kadal
4 Mirza Mohammed Afzal Beg Anantnag
5 Girdhari Lal Dogra Jasmergarh
6 Sham Lal Saraf Habba Kadal
7 Abdul Aziz Shawl Rajouri
8 Abdul Gani Trali Rajpora
9 Abdul Gani Goni Bhalesa
10 Syed Abdul Qadus Biruwa
11 Bakshi Abdul Rashid Charar-i-Sharief
12 Abdul Kabir Khan Bandipora (Gurez)
13 Abdul Khaliq Saniwara
14 Syed Allaudin Gilani Handwara
15 Assad Ullah Mir Ramban
16 Bhagat Ram Lander Tikri
17 Bhagat Chhajju Ram Ranbirsinghpora
18 Sardar Chela Singh Chhamb
19 Chuni Lal Kotwal Bhaderwah
20 Durga Prashad Dhar Kulgam
21 Ghulam Ahmad Mir Dachinpara
22 Master Ghulam Ahmed Haveli
23 Ghulam Ahmad Dev Doda
24 Pirzada Ghulam Gilani Pampore
25 Ghulam Hassan Khan Narwah
26 Ghulam Hassan Bhat Nandi
27 Ghulam Hassan Malik Devasar
28 Pir Ghulam Mohammad Masoodi Tral
29 Ghulam Mohammad Sadiq Tankipora
30 Mirza Ghulam Mohammad Beg Naubag Brang Valley
31 Ghulam Mohammad Butt Pattan
32 Ghulam Mohi-ud-Din Khan Khansahib
33 Ghulam Mohi-ud-Din Hamdani Khanyar
34 Mirwaiz Ghulam Nabi Hamdani Zaddibal
35 Ghulam Nabi Wani Darihgam
36 Ghulam Nabi Wani Lolab
37 Ghulam Qadir Bhat Kangan
38 Ghulam Qadir Masala Drugmulla
39 Ghulam Rasool Sheikh Shopian
40 Ghulam Rasool Kar Hamal
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Article 370 of the Constitution of India

{ 370. Temporary provisions with respect of 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 purpose 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 Maharaja’s Proclamation
dated the fifth day of March, 1948;
c.he provisions of article 1 and of this article shall apply in relation to this 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

i.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:
ii.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 the 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 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 the 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
notify:
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.
4. In exercise of the powers conferred by this article the President, on the recommendation
of the Constituent Assembly of the State of Jammu and Kashmir, declared that, as from
the 17th day of November, 1952, the said art. 370 shall be operative with the modification
that for the explanation in cl.(1) thereof the following Explanation is substituted namely:

Explanation—For the purpose of this Article, the Government of the State means the
person for the time being recognised by the President on the recommendation of the
Legislative Assembly of the State as the *Sadar-I-Riyasat of Jammu and Kashmir, acting
on the advice of Council of Ministers of the State for the time being in office.
 16

Major Events

1947-1963
1964-1974
1975-1990
1991-1997

Major Events
( 1947-1963 )

1947

August

12 - Maharaja’s Government offered Standstill Agreement to India and Pakistan.

14 - India partitioned and a new theocratic State of Pakistan created.
15 - At the stroke of the midnight hour India attained freedom. Pakistan accepted offer of
standstill agreement.
September
 17

9 - The most popular leader of Jammu and Kashmir, Sher-i- Kashmir, Sheikh Mohammad
Abdullah released from prison; Pakistan’s violations of Standstill Agreement assu- med
dangerous proportion; Pindi-Srinagar road blocked.
October

1 - Sheikh Mohammad Abdullah declared at a public meeting at Hazuri Bagh, Srinagar: "Till the
last drop of my blood I will not believe in the two nation theory" as propounded by Mohammad
Ali Jinnah.
15 - Justice Mehar Chand Mahajan took over as the Prime Minister of Jammu and Kashmir.
18 - Maharaja’s Government, through a telegram to Pakistan Prime Minister, protested against
the violation of Standstill Agreement by Pakistan.
22 - Armed tribesmen, supported by Pakistani troops, entered the State territory at several
points.
23 - Muzaffrabad fell to the raiders.
24 - Tribal invaders advanced towards Baramulla and Srinagar; State Forces’ Chief, Brigadier
Rajinder Singh killed; the only Power station at Mohra destroyed by the raiders, plunging the
Valley into darkness; Maharaja sent his Deputy Prime Minister to Delhi with letters seeking
military assistance.
25 - Sheikh Mohammad Abdullah flew to Delhi; V.P. Menon arrived in Srinagar from Delhi for
talks with the Maharaja.
26 - Maharaja Hari Singh signed Instrument of Accession to India
27 - Governor General Lord Mountbatten accepted the Instrument of Accession; the first batch
of Indian troops, Ist Sikh Regiment, landed at Srinagar Airport.
30 - Maharaja Hari Singh appointed Sheikh Mohammad Abdullah as the Head of the
Emergency Administration.
November

1 - Brig. Ghansara Singh, Governor of Gilgit held prisoner by Pak troops.

2 - K.H .Khurshid, Mr Jinnah’s private secretary arrested with vital documents in Kashmir.
3 - Pattan and Gulmarg freed from the raiders occupation.
7 - Big battle around the Srinagar Aerodrome; raiders fled away after 12 hours battle of
Shallateng leaving behind 300 dead.
8 - Baramulla liberated.
14 - Invaders pushed beyond Uri.
21 Prime Minister, Pt. Jawahar Lal Nehru said that Indiawas convinced that the J&K
Government reflected the will of the people.
December

1 - Maharaja Hari Singh inaugurated Jammu Radio Station.

16 - Heavy fighting took place near Uri, 321 raiders killed.
22 - Pt. Nehru wrote to Pakistan Prime Minister against said or assistance to raiders.
1948

January

1 - India approached Security Council for preventing Pakistan from participating or assisting
invasion on State.
17 - Security Council passed resolution asking India and Pakistan not to aggravate situation.
20 - The Security Council set up a three member commission to investigate facts and exercise
mediatory influence.
February

3 - Pakistani raiders pushed back in Samba and Kathua.

 18

March

5 - Maharaja announced Interim Government with Sheikh Mohammad Abdullah as Prime

Minister.
21 - First jeep motored to Tragbal in Gurez.
23 - Indian troops entered Titwal.
June

1 - Government Transport Undertaking, the First Public Sector Undertaking, was born.
July

1 - Radio Kashmir, Srinagar inaugurated; Gurez liberated.

4 - Brigadier Usman killed while fighting the Pakistani raiders and troops at Jhangar area of
Rajouri district.
11 - Tribal attack on Leh repulsed.
13 UNCIP through a resolution urges cease- fire and total withdrawal of Pakistani troops.
November

I - Indian troops crossed 11578 feet high Zojila with tanks.

2 - Jammu and Kashmir University established.
8 - Bimber Gali liberated.
9 - Ramgarh Fort in Rajouri captured.
15 - Drass liberated.
20 - Link established with Poonch.
23 - Kargil and Mendhar liberated.
1949

January

1 Cease-fire took effect from last midnight.

5 UNCIP passed resolution on holding of plebiscite with certain conditions including vacation of
aggression on a part of J&K by Pakistan.
April

28 Maharaja Hari Singh left Jammu for Delhi.

June

16 - Sheikh Mohammad Abdullah, Maulana Masoodi, Mirza Afzal Beg and Moti Ram Baigra
took seats in Union Constituent Assembly at Delhi.
20 - Maharaja Hari signed proclamation at Delhi making Yuvraj Karan Singh as the Regent.
27 - Indo-Pak cease-fire agreement signed at Karachi.
October

17 - Article 370 of the Union Constitution adopted.1950

1950

July

13 - Revolutionary Land Reforms adopted; Proprietary rights of 10,000 absenting land-lords

transferred to tillers.
 19

October

27 - National Conference General Council recommended convening of State Constituent

Assembly.
1951

May

1 Proclamation directing formation of State Constituent Assembly issued.

October

15 - National Conference won all the 75 Constituent Assembly seats.

31 - Constituent Assembly Session began in Srinagar with Maulana Masoodi in chair.
1952

March

10 D P Dhar, Piara Singh, Mubarak Shah and G.M. Hamdani sworn in as Deputy Ministers.
May

5 First regular budget for 1952-53 presented to Constituent- cum-Legislative Assembly showing
a deficit of Rs 141.75 lakhs.
July

24 Prime Minister Nehru announced special position for J&K under Delhi Agreement;
Parliament told Kashmir’s accession to India is complete in law and in fact.
28 Sheikh Mohammad Abdullah declared at Lal Chowk that Kashmir is part and parcel of India.
August

19 Constituent Assembly approved the Delhi Agreement.

November

15 106 year old hereditary rule abolished. Constituent Assembly elected Yuvraj Karan Singh as
Sadar-i-Riyasat.
17 Karan Singh took over as Sadar-i- Riyasat.
1953

June

22 Jana Sangh leader, Dr Shayma Prasad Mukherjee passed away in Srinagar.

August

9 Sadar-i-Riyasat, Yuvraj Karan Singh dismissed the State Government; Sheikh Mohammad
Abdullah arrested; Bakshi Ghulam Mohammad sworn-in as Prime Minister.
1954

February

6 Constituent Assembly ratified accession of the State to India.

May
 20

14 Constitution (Application to J&K) Order issued by the President under article 370 extending
Union Constitution to the State with exceptions and modifications.
17 Srinagar linked with Delhi by teleprinter.
December

31 Public Service Recruitment Board established.

1955

January

5 Work on Banihal tunnel began.

October

22 S.P. College, Srinagar celebrated golden jubilee.

December

10 Soviet leaders Bulganan and Kruschev arrived in Srinagar and declared that Kashmir
question as one of states of India has been settled by people of Kashmir.
1956

March

16 China’s Chou En Lai said that the people of Kashmir have already expressed their will
regarding accession to India.
April

1 J&K first Five Year Plan of Rs 1151.71 lakhs launched.

May

1 Rs 10 lakh Tourist Reception Centre, Srinagar thrown open.

25 India asserted claim on Chitral as part of J&K.
July

14 Geological Survey of India opened office in Srinagar.

October

19 The Government decided to set up Medical College in Srinagar.

November

17 State Constituent Assembly adopted Constitution, interalia, declaring State as inseparable

part of India.
20 Former British Prime Minister Attlee says " Kashmir has definitely opted for Union with
India."
December

22 Vice President, Dr Radha Krishanan declared open the Jawahar tunnel.

1957

January
 21

26 State Constitution came into force.

June

1 A.A.A. Faizi took over as the first full time Vice Chancellor, J&K University.
July

26 New Bakshi Ministry sworn-in.

September

2 State Public Service Commission set up in place of Recruitment Board.

1958

January

8 Sheikh Mohammad Abdullah released from Kud Jail.

April

29 Sheikh Mohammad Abdullah re-arrested.

May

1 Comptroller and Auditor General of India’s jurisdiction extended to J&K.

June

19 Sheikh Mohammad Abdullah, Mirza Afzal Beg and twenty others charged with conspiracy
against State.
October

24 J&K Academy of Art, Culture and Languages established.

1959

January

26 J&K High Court brought at par with other High Courts in India.
April

1 Permit system for entry into the State abolished.

1960

February

1 J&K Minerals Limited established.

March

28 Jammu and Srinagar Airports handed over by the State Government to Union Civil Aviation
authorities.
July

20 Excavations at the Neolithic site of Barzahama started.

September

23 Regional Engineering College opened in Srinagar.

 22

November

2 Union Election Commission for the first time conducted an Assembly bye-election in Zadibal
constituency.
5 New Civil Secretariat building at Jammu inaugurated.
December

28 G.M. Sadiq announced return of his Democratic National Conference to ruling National
Conference.
1961

March

16 Prime Minister, Pt. Jawahar Lal Nehru and President Ayub Khan of Pakistan held talks on
Kashmir in London.
April

1 The IInd Five Year Plan of Rs 3120.20 lacs launched; Census Report released; shows State
population as 5,60,976.
26 Maharaja Hari Singh passed away in Bombay at the age of 64.
May

18 The Centre asked to execute Salal Hydro Electric Project.

1962

January

24 Sheikh Mohammad Abdullah and other co-accused in Kashmir conspiracy case committed
to Sessions Court.
February

18 National Conference won 38 Assembly seats uncontested;

April

27 Soviet delegates to Security Council said "Question of Kashmir as integral part of India has
been decided by the people of Kashmir."
May

26 Ladakh went to polls.

October

20 China launched attack in Ladakh.

26 National emergency declared.
November

21 China declared unilateral cease-fire after occupying 14500 sq. miles in Ladakh.
1963

February

First cement factory commissioned at Wuyan Kashmir.

 23

March

2 Pakistan illegally transferred 2200 sq. miles of State territory, under its illegal control, to China
under boundary agreement.
25 Land Commission set up in the State.
May

23 Foundation stone of State’s first Thermal Project at Kalakote laid.

October

4 Prime Minister, Bakshi Ghulam Mohammad resigned under Kamraj Plan.

12 Shamas-ud- Din sworn in as Prime Minister.
November

4 Bakshi Ghulam Mohammad appointed as Chairman State Planning Board.

December

27 Holy Relic of Prophet Mohammad (PBUH) reported missing from Hazratbal Shrine resulting
in mass upsurge throughout the Valley.

Paksitani Raiders and Accession

*Now "Governor"
(Ministry of Law Order C.O. 44, dated the 15th November, 1952.)

Sher-I-Kashmir on Raider & Accession

Invaders struck us like lightening. They scorched our land, ruined our homes, destroyed and
devastated hundreds of villages and despoiled the honour of women. Busy towns like
Muzaffarabad, Uri, Baramulla and Pattan centres of our trade on the highway to our Capital, are
only heaps of smoking rubble with nothing left. They are traitors of Islam.

November 19,1947

Accession to the Indian Union would be advantageous to the State both for political and
economic reasons. Economically Kashmir depends for its market much more on India than
Pakistan. Politically India was a much more progressive State than Pakistan and Kashmir would
have greater scope for free development according to its own genius if she was allied to India.

October 27, 1948

The raiders abducted women. They massacred children. They looted everything and everyone.
They converted mosques into brothels and today every Kashmiri loathes the invading tribesmen
and their arch inspirers, who have been responsible for such horrors in land, which is peopled
with an overwhelming majority of Musalmans.

November 16, 1947

 24

These raiders who had come to our land abducted thousands of our girls and looted our property.
All of a sudden Pakistan comes to the Bar of the world as the champion of the liberty of the
people of Kashmir. The world has got rid of Hitlers and Gobbles, but from what has happened
and is happening in my country, I am convinced that their souls have transmigrated to Pakistan.

Security Council, February 6, 1948

We would prove before the Security Council that Kashmir and the people of Kashmir have
lawfully and Constitutionally acceded to the Dominion of India and Pakistan has no right to
question that accession.

February 5, 1948

We have decided to work with and die for India. We made our decision not in October last, but in
1944, when we resisted the advances of Mr Jinnah. Our refusal was categorical. Eversince, the
National Conference had attempted to keep the State clear of the pernicious two-nation theory
while fighting the worlds worst autocracy (Pakistan).

Press Conference in New Delhi, Statesman, March 7, 1948

Pakistan has no right to demand plebiscite in Kashmir after committing aggression on her. By her
action Pakistan has permanently branded herself as the aggressor and we can have no truck with
her. We have made our choice and linked our destiny with India and nothing can separate us
now.

Public meeting, Srinagar (Hindustan Times) May 26, 1948

Kashmir will ever be with India, whatever sacrifices we shall have to make. We are all Indians and
India is our Homeland.

May 29, 1948

We the people of Jammu and Kashmir have thrown our lot with the Indian people not in the heat
of passion or a moment of despair, but by our deliberate choice. The union of our people has
been fused by the community of ideals and common suffering in the cause of freedom. India is
pledged to the principle of Secular Democracy and we are also in pursuit of the same objective.

Press Interview, National Herald, June 19,1948

We have burnt all our boats. There is no place in Kashmir for a theocratic State. Kashmir will
never make a plaything of India’s honour.

Press Conference in New Delhi, September 29,1948

India and Pakistan represented two different and opposite ideologies. It was upto us to choose
between the two. I and my colleagues in the Working Committee were convinced that Kashmir’s
political, economical, material and cultural advancement depended upon close political link up
with India and India alone. At special convention of the Representatives of J&K,

Hindu, Oct 14,1948

 25

The pledge I gave to Mr Nehru last year that Kashmir will be a part of India, has now become an
eternal bond. We can never forget the help rendered by Indian Army and the people of India at a
time of great crisis in the history of our State. Indian troops have even provided the local people
rations to save them from starvation. It was after fully knowing India’s attitude for over a year that
the decision for permanent accession was taken- a decision which would affect the entire
population of the State for generations to come. Our decision to accede to India is based on the
fact that our programme and policy are akin to those followed by India.

Id gathering at Srinagar: October 16, 1948

Recently during the Srinagar convention Kashmir reiterated its faith in accession to India. Need
the National Conference and the people of Kashmir give any further proof of their firmness for the
deal they had chosen for themselves.

Press Conference at Srinagar, May 18,1949 Since Pakistan rejected our friendly offer to decide
the question of accession of the State by the free will of the people, it has no right now to demand
a plebiscite after we drive out the raiders.

News Chronicle, May 26, 1949

The Pakistani Mujahid’s treatment of unarmed people of Kashmir, is an indelible blot on the fair
name of Islam. It is condemnable for the atrocities were perpetrated and carried out in the name
of Islam and for its glory.

November 5, 1949

We want to link the destiny of Kashmir with India not because Pt. Nehru is my personal friend, but
because we feel that India and Kashmir is one and the same. While every attempt in India is
being made to eschew communalism (the very foundation of Pakistan was communalism) there
can, therefore, be no question of Kashmir even thinking of having any relationship with Pakistan.

Speech at GM College, Srinagar, Tribune, December 4, 1949

Pakistan’s clamour for a free and impartial plebiscite, while her troops continue to occupy almost
half the territory of the State, was characteristically Hitlerite tactics.

Madras meeting, February 12, 1950

In view of what I have said before, it is absurd to say that Kashmir still thinks any other alternative
so far as the question of accession is concerned. What we want is peace and prosperity for our
people. Independence may be and is a charming idea. But as I have said before, is it practical
too? Has it got necessary sanctions and guarantees and can a small country like Kashmir with its
limited resources maintain it ? Or are the countries concerned in a proper political temper at the
present moment, to give their willing assent to it. By only a formal declaration of independence
shall we not be making Kashmir a victim of some unscrupulous and powerful country? That will
be a gruesome betrayal of the cause we have stood for all these years and therefore, these and
similar other considerations, make the alternative of Independence- not only theoretical and
academic but also meaningless. In that sense and spirit I have number of times before discussed
the question with several journalists. It is in this context that these views should be read and
understood.

Press statement, May 1950

 26

If the Muslims of Kashmir could resist aggression from Pakistan, when they had no friends, why
should anybody in India expect a change in the minds of Kashmiri people when India has helped
them against this aggression for these two years with men, money and moral support and when
hundreds of comrades from all parts of India have given their all-out help to us and given their
lives on the soil of Kashmir and cemented the bonds between Kashmir and India. Nobody should
think that human beings are so ungrateful. We shall always be with India and never with
Pakistan.

Speech on IInd anniversary of Radio Kashmir, May 2, 1950

The ties binding Kashmir to India were not only legalistic, but were born out of the free will of the
Kashmiris who found India true image of their ideals and aspirations. This bond of unity between
India and Kashmir, this kinship of heart and soul... between the two great people, can never be
broken. Speech at Teetwal, May 24, 1950

People of Kashmir had made a decision of their own choice to throw in their lot with the people of
India in furtherance of their common ideals. This abiding kinship could not subsist merely on
territorial links or commercial considerations, but on unswerving faith in the ideal for which we
here and the millions of people in India have struggled for over three decades. Our relationship is
not that of a master and a slave, but it is a free and voluntary association of partners in the joint
stock, which bestows common and equal advantages on both.

Martyrs day Srinagar, Hindustan Standard, 15 July 1952

No plebiscite is possible without the sovereignty of the legally constituted Government of Jammu
and Kashmir being collectively extended over the entire territory of the State, disbandonment of
the so called Azad Kashmir Forces, and withdrawal of Pakistan troops and nationals.

We would not have achieved so much in Kashmir if assistance from the people of India had not
come so freely and ungrudgingly. We were tremendously fortified in a just stand by the
spontaneous help in men and material given to us by the Government of India. I cannot imagine
what would have happened if the Indian Army had not arrived in time. The people of Kashmir and
the gallant Indian Army fought against the savage hordes not for territorial gain, but for the
preservation of the way of life for which the great Father of Nation made the supreme sacrifice.

Wardha Press Conference, May 4, 1964

The Delhi Agreement, 1952

After the Constituent Assembly of the State had taken important decisions referred to immediately
above, it was deemed necessary to receive the concurrence of the Indian Government.
Accordingly, the representatives of Kashmir Government conferred with the representatives of
Indian Government and arrived at an agreement. This arrangement was later on known as the
"Delhi Agreement, 1952". The main features of this agreement were:

i. in view of the uniform and consistent stand taken up by the Jammu and Kashmir
 27

Constituent Assembly that sovereignty in all matters other than those specified in the
Instrument of Accession continues to reside in the State, the Government of India agreed
that, while the residuary powers of legislature vested in the Centre in respect of all states
other than Jammu and Kashmir, in the case of the latter they vested in the State itself;
ii. it was agreed between the two Governments that in accordance with Article 5 of the
Indian Constitution, persons who have their domicile in Jammu and Kashmir shall be
regarded as citizens of India, but the State legislature was given power to make laws for
conferring special rights and privileges on the ‘state subjects’ in view of the ‘State Subject
Notifications of 1927 and 1932: the State legislature was also empowered to make laws
for the ‘State Subjects’ who had gone to Pakistan on account of the communal
disturbances of 1947, in the event of their return to Kashmir;
iii. as the President of India commands the same respect in the State as he does in other
Units of India, Articles 52 to 62 of the Constitution relating to him should be applicable to
the State. It was further agreed that the power to grant reprieves, pardons and remission
of sentences etc; would also vest in the President of India'
iv. the Union Government agreed that the State should have its own flag in addition to the
Union flag, but it was agreed by the State Government that the State flag would not be a
rival of the Union flag; it was also recognised that the Union flag should have the same
status and position in Jammu and Kashmir as in the rest of India, but for historical
reasons connected with the freedom struggle in the State, the need for continuance of
the State flag was recognised
v. there was complete agreement with regard to the position of the Sadar-i-Riyasat; though
the Sadar-i-Riyasat was to be elected by the State Legislature, he had to be recognised
by the President of India before his installation as such; in other Indian States the Head
of the State was appointed by the President and was as such his nominee but the person
to be appointed as the Head, had to be a person acceptable to the Government of that
State; no person who is not acceptable to the State Government can be thrust on the
State as the Head. The difference in the case of Kashmir lies only in the fact that Sadar-i-
Riyasat will in the first place be elected by the State legislature itself instead of being a
nominee of the Government and the President of India. With regard to the powers and
functions of the Sadar-i-Riyasat the following argument was mutually agreed upon

a. the Head of the State shall be a person recognised by the President of the
Union on the recommendations of the Legislature of the State;
b. he shall hold office during the pleasure of the President;
c. he may, by writing under his hand addressed to the President, resign his office;

d. subject to the foregoing provisions, the Head of the State shall hold office for a
term of five years from the date he enters upon his office;
e. provided that he shall, notwithstanding the expiration of his term, continue to
hold the office until his successor enters upon his office"
ii. with regard to the fundamental rights, some basic principles agreed between the parties
were enunciated; it was accepted that the people of the State were to have fundamental
rights. But in the view of the peculiar position in which the State was placed, the whole
chapter relating to ‘Fundamental Rights’ of the Indian Constitution could not be made
applicable to the State, the question which remained to be determined was whether the
chapter on fundamental rights should form a part of the State Constitution of the
Constitution of India as applicable to the State;
iii. with regard to the jurisdiction of the Supreme Court of India, it was accepted that for the
time being, owing to the existence of the Board of Judicial Advisers in the State, which
was the highest judicial authority in the State, the Supreme Court should have only
appellate jurisdiction;
iv. .there was a great deal of discussion with regard to the "Emergency Powers"; the
Government of India insisted on the application of Article 352, empowering the President
 28

to proclaim a general emergency in the State; the State Government argued that in the
exercise of its powers over defence (Item 1 on the Union List), in the event of war or
external aggression, the Government of India would have full authority to take steps and
proclaim emergency but the State delegation was, however, averse to the President
exercising the power to proclaim a general emergency on account of internal disturbance.

In order to meet the viewpoint of the State’s delegation, the Government of India agreed to the
modification of Article 352 in its application to Kashmir by the addition of the following words:

"but in regard to internal disturbance at the request or with the concurrence of the Government of
the State."

At the end of clause (1)

Both the parties agreed that the application of Article 356, dealing with suspension of the State
Constitution and 360, dealing with financial emergency, was not necessary.

The facts analysed above make it clear that the State of Jammu and Kashmir enjoys a special
position in the Union of India, and this position of the State has been permitted by Article 2 of the
Constitution itself. " In arriving at this arrangement", declared Sheikh Mohammad Abdullah, the
then Prime Minister of Jammu and Kashmir, "the main consideration before our Government was
to secure a position for the State which would be consistent with the requirements of maximum
autonomy for the local organs of the State power which are the ultimate source of authority in the
State while discharging obligations as a Unit of the federation".

The Jammu and Kashmir Constituent Assembly discussed this arrangement and finally adopted a
motion of approach on August 21, 1952.

The agreement was discussed in the Union Parliament on August 7, 1952 and accepted.

But inspite of all these discussions and decisions in the Kashmir Constituent Assembly, the
implementation of the agreement was not forthcoming. This aroused suspicion in the minds of the
public about the intentions of the leaders of the Government. In the working committee of the
National Conference there was sharp criticism of the Government’s policy. There was a serious
rift in the Cabinet itself. The difference of opinion reached a peak when Sheikh Abdullah, instead
of implementing the agreement, started advocating secession, which would make Kashmir an
‘independent State’. The people of the State were quick to perceive the danger of such a course
for they had seen that the tribal attack in 1947 which had caused much devastation was a direct
consequence of Kashmir’s isolated position. There were ‘inflammatory rumours that United States
was backing the Kashmir’s independence". Sheikh Abdullah was accused both by his colleagues
in the Cabinet and by the public outside of trying to create a State for himself. In fact, three
members of the Cabinet submitted a memorandum to Sheikh Abdullah accusing him of various
charges. It soon became obvious that the capacity of the Administration to function efficiently was
doubtful. The whole matter was spotlighted

when the Sadar-i-Riyasat, who, taking cognisance of the situation, on August 8, 1953, dismissed
Sheikh Abdullah from the post of Prime Minister of Kashmir and dissolved the Cabinet.

Wrote Sadar-i Riyasat, to Sheikh Abdullah:

"This conflict within the Cabinet has for a considerable time been causing great confusion and
 29

apprehension in the minds of the people of the State.... . I have been forced to the conclusion
that the present Cabinet cannot continue in office any longer and hence I regret to inform you that
I have dissolved the Council of Ministers headed by you."

The relevant portion of the order of dismissal read:

"I, Karan Singh, Sadar-i-Riyasat, functioning in the interests of the people of the State, who have
reposed the responsibility and authority of the Headship of the State in me, do here dismiss
Sheikh Mohammad Abdullah, from the Prime Ministership of the State of Jammu and Kashmir,
and consequently the council of Ministers headed by him is dissolved forthwith."

On the same day in order to "avoid a political and administrative vacuum", the Sadar-i-Riyasat
invited Bakshi Ghulam Mohammed, the erstwhile Deputy Prime Minister, to form the new Cabinet.

On 9th August, 1953, Sheikh Abdullah was arrested at "Gulmarg", a health resort about twenty-
eight miles from Srinagar valley, under the State Preventive Detention Act. He was released four
years later in 1958 but was shortly re-arrested on a charge of "Conspiracy to overthrow the
Government". His followers and well wishers including the then Revenue Minister were arrested
with him. A case against him and a few others was tried in the Court of Special Magistrate in
Jammu.

A lot of confusion arose on account of Sheikh Abdullah’s dismissal, since there had not been any
‘No Confidence’ motion in the Kashmir Assembly. It is true that a Chief Minister is not generally
dismissed, if he enjoys the confidence of the House, but it has also to be accepted that the head
of the State is obliged to ensure the continuance of a stable government and if he has reasonable
grounds to believe that the Chief Minister has lost the confidence of the people, or if he is
engaged intreasonable activities he must replace him. At the time when Sheikh Abdullah was
dismissed and arrested, the Assembly was not in session, so a ‘No Confidence’ motion could not
have been discussed. But it was important that the new ministry should have a vote of confidence
from the Assembly in the first session. Accordingly, the Sadar-i-Riyasat wrote to Bakshi Ghulam
Mohammad when inviting him to form the new Cabinet, "the continuance in office of the new
Cabinet will depend upon its securing a vote of confidence from the Legislative Assembly during
its coming session." The State legislature met on October 5,1953, and passed a unanimous vote
of confidence in the new Cabinet.

The National Confernece had earlier approved the change of Government. A Convention of about
400 delegates from the National Conference throughout the State met in Srinagar from
September 13-15, 1953 and approved the change of Government as ‘inevitable in the interest of
the country and the national movement,’ and expressed complete confidence in the new
government, promising their fullest co-operation.

In spite of this some friends of Sheikh Abdullah kept on criticising the new Government. Miss
Sarabhai criticised the Government of India for its indifference to the events in Kashmir. The
present writer submits that since the internal autonomy of the State had been recognised,
therefore, the Government of India could not interfere. Moreover, since the Article 256 of the
Indian Constitution, which empowers the Union Government to issue directions to the State
Government for the running of the administration in the State was not applicable to Kashmir, the
Government of India could not intervene in the matter. "This was an internal matter and we did
not wish to interfere" replied Mr. Nehru to a question in the Lok Sabha.

In Pakistan, however, the events in Kashmir provoked a wave of indignation. There were
accusations against India of having overthrown Sheikh Abdullah, "until then a quisling in the
 30

opinion of the Pakistanis but who, now, through a twist of history not without its" comical aspects
had become a martyr in the struggle of Kashmiris. But this propaganda in Pakistan was met with
sharp criticism in Kashmir. In the September Convention of the National Conference the members
opposed association with the ‘ruling clique of Pakistan’ and regretted their behaviour.

Bakshi Ghulam Mohammad immediately upon taking the oath of office, went before the
microphone to make a policy statement. In his statement he bitterly deplored the idea of an
‘independent Kashmir’ under the patronage of the United States of America, which he said "would
be a threat to the freedom and independence of Indian and Pakistani people. He praised India
with which Kashmir had entered into "indissoluble links".

With his coming into power, the formulation of Constitutional relations between Kashmir and India
entered a new phase. The work of the Constituent Assembly started afresh with renewed phase.
The work of the Constituent Assembly started afresh with renewed vigour. ‘Advisory Committee
on Fundamental Rights and Citizenship’ and "Basic Principles Committee" were set up on 20th
October, 1953.

The Assembly met on February 6th, 1954, and adopted the reports of the "Basic Principles
Committee on Fundamental Rights," thereby fulfilling one of the major tasks with which it had
been charged.

The ‘Drafting Committee’ presented its report on February 12th, 1954, and the report was
adopted on February 15th, 1954. The adoption of this report embodied the ratification of the
State’s Accession to India.

Tashkent Declaration

January 10, 1966

The Prime Minister of India and the President of Pakistan, having met at Tashkent and having
discussed the existing relations between India and Pakistan hereby declare their firm resolve to
restore normal and peaceful relations between their countries and to promote understanding and
friendly relations between their peoples. They consider the attainment of these objectives of vital
importance for the welfare of the 600 million people of India and Pakistan.

i. The Prime Minister of India and the President of Pakistan agree that both sides will exert
all efforts to create good neighbourly relations between India and Pakistan in accordance
with the United Nations Charter. They reaffirm their obligation under the Charter not to
have recourse to force and to settle their disputes through peaceful means. They
considered that the interests of peace in their region and particularly in the Indo-Pakistan
sub-continent and, indeed, the interests of the people of India and Pakistan were not
served by the continuance of tension between the two countries. It was against this
background that Jammu and Kashmir was discussed, and each of the sides set forth its
respective position.
ii. The Prime Minister of India and the President of Pakistan have agreed that all armed
personnel of the two countries shall be withdrawn not later than 25 February, 1966 to the
positions they held prior to 5 August, 1965, and both sides shall observe the cease-fire
terms on the cease-fire line.
iii. The Prime Minister of India and the President of Pakistan have agreed that relations
between India and Pakistan shall be based on the principle of non-interference in the
internal affairs of each other.
 31

iv. The Prime Minister of India and the President of Pakistan have agreed that both sides will
discourage any propaganda directed against the other country and will encourage
propaganda which promotes the development of friendly relations between the two
countries.
v. The Prime Minister of India and the President of Pakistan have agreed that High
Commissioner of India to Pakistan and the High Commissioner of Pakistan to India will
return to their posts and that the normal functioning of diplomatic missions of both
countries will be restored. Both Governments shall observe the Vienna Convention of
1961 on Diplomatic Intercourse.
vi. The Prime Minister of India and the President of Pakistan have agreed to consider
measures towards the restoration of economic and trade relations, communications as
well as cultural exchanges between India and Pakistan, and to take measures to
implement the existing agreements between India and Pakistan.
vii. The Prime Minister of India and the President of Pakistan have agreed that they will give
instructions to their respective authorities to carry out the repatriation of the prisoners of
war.
viii. The Prime Minister of India and the President of Pakistan have agreed that the two sides
will continue the discussions of questions relating to the problems of refugees and
evictions/illegal immigrations. They also agreed that both sides will create conditions
which will prevent the exodus of people. They further agree to discuss the return of the
property and assets taken over by either side in connection with the conflict.
ix. The Prime Minister of India and the President of Pakistan have agreed that the two sides
will continue meetings both at highest and at other levels matters of direct concern to
both countries. Both sides have recognised the need to set up joint Indian-Pakistani
bodies which will report to their Governments in order to decide what further steps should
be taken. The Prime Minister of India and the President of Pakistan record their feelings,
deep appreciation and gratitude to the leaders of the Soviet Union, the Soviet
Government and personally to the Chairman of the Council of Ministers of the USSR for
their constructive, friendly and noble part in bringing about the present meeting which has
resulted in mutually satisfactory results. They also express to the Government and
friendly people of Uzbekistan their sincere thankfulness for their overwhelming reception
and generous hospitality. They invite the Chairman of the Council of Ministers of the
USSR to witness this declaration

Prime Minister of India President of Pakistan

Lal Bahadur Shastri Mohammad Ayub Khan
Tashkent, 10 January 1966.

Shimla Agreement

July 3, 1972

The Government of India and the Government of Pakistan are resolved that the two
countries put an end to the conflict and confrontation that have hitherto marred their
relations and work for the promotion of a friendly and harmonious relationship and the
establishment of durable peace in the sub-continent, so that both countries may
henceforth devote their resources and energies to the pressing task of advancing the
welfare of their people.

In order to achieve this objective, the Government of India and the Government of
 32

Pakistan have agreed as follows :-

i. That the principles and purposes of the Charter of the United Nations shall govern
the relations between the two countries.
ii. That the two countries are resolved to settle their deferences by peaceful means
through bilateral negotiations or by any other peaceful means mutually agreed
upon between them. Pending the final settlement of any of the problems between
the two countries, neither side shall unilaterally alter the situation and both shall
prevent the organisation, assistance or encouragement of any acts detrimental to
the maintenance of peaceful and harmonious relations.
iii. That the pre-requisite for reconciliation, good neighbourliness and durable peace
between them is a commitment by both the countries to peaceful co-existence,
respect for each other’s territorial integrity and sovereignty and non-interference in
each other’s internal affairs, on the basis of equality and mutual benefit.
iv. That the basic issues and causes of conflict which have bedevilled the relations
between the two countries for the last 25 years shall be resolved by peaceful
means ;
v. That they shall always respect each other’s national unity, territorial integrity,
political independence and sovereign equality ;
vi. That in accordance with the Charter of the United Nations, they will refrain from
the threat or use of force against the territorial integrity or political independence of
each other.

Both Governments will take all steps within their power to prevent hostile propaganda
directed against each other. Both countries will encourage the dissemination of such
information as would promote the development of friendly relations between them.

In order to progressively to restore and normalise relations between the two countries step
by step, it was agreed that :

i. Steps shall be taken to resume communications, postal, telegraphic, sea, land

including border, posts and air links including over-flights.
ii. Appropriate steps shall be taken promote travel facilities for the nationals of the
other country.
iii. Trade and co-operation in economic and other agreed fields will be resumed as far
as possible.
iv. Exchange in the fields of science and culture will be promoted.

In this connection delegations from the two countries will meet from time to time to work
out the necessary details.

In order to initiate the process of the establishment of durable peace, both the
Governments agree that :

i. Indian and Pakistani forces shall be withdrawn to their side of the international
border.
ii. In Jammu and Kashmir, the line of control resulting from the cease-fire of
December 17, 1971, shall be respected by both sides without prejudice to the
recognised position of either side. Neither side shall seek to alter it unilaterally,
irrespective of mutual differences and legal interpretations. Both sides further
undertake to refrain from the threat or the use of force in violation of this line.
iii. The withdrawals shall commence upon entry into force of this agreement and shall
 33

be completed within a period of 30 days thereof.

This agreement will be subject to ratification by both countries in accordance with their
respective constitutional procedure and will come into force with effect from the date on
which the instruments of ratification are exchanged.

Both Governments agree that their respective heads will meet again at a mutually
convenient time in the future and that in the meanwhile the representatives of the two
sides will meet to discuss further the modalities and arrangements for the establishment of
durable peace and normalisation of relations, including the questions of repatriation of
prisoners of war and civilian interness, a final settlement of Jammu and Kashmir and the
resumption of diplomatic relations.

Sheikh-Indira Accord 1975, Agreed Conclusions

1. The State of Jammu and Kashmir which is a constituent unit of the Union of India, shall, in its
relation with the Union, continue to be governed by Article 370 of the Constitution of India.

2. The residuary powers of legislation shall remain with the State; however, Parliament will
continue to have power to make laws relating to the prevention of activities directed towards
disclaiming, questioning or disrupting the sovereignty and territorial integrity of India or bringing
about cession of a part of the territory of India or secession of a part of the territory of India from
the Union or causing insult to the Indian National Flag, the Indian National Anthem and the
Constitution.

3. Where any provision of the Constitution of India had been applied to the State of Jammu and
Kashmir with adaptation and modification, such adaptations and modifications can be altered or
repealed by an order of the President under Article 370, each individual proposal in this behalf
being considered on its merits ; but provisions of the Constitution of India already applied to the
State of Jammu and Kashmir without adaptation or modification are unalterable.

4. With a view to assuring freedom to the State of Jammu and Kashmir to have its own legislation
on matters like welfare measures, cultural matters, social security, personal law and procedural
laws, in a manner suited to the special conditions in the State, it is agreed that the State
Government can review the laws made by Parliament or extended to the State after 1953 on any
matter relatable to the Concurrent List and may decide which of them, in its opinion, needs
amendment or repeal. Thereafter, appropriate steps may be taken under Article 254 of the
Constitution of India. The grant of President’s assent to such legislation would be sympathetically
considered. The same approach would be adopted in regard to laws to be made by Parliament in
future under the Proviso to clause 2 of the Article. The State Government shall be consulted
regarding the application of any such law to the State and the views of the State Government
shall receive the fullest consideration.

5. As an arrangement reciprocal to what has been provided under Article 368, a suitable
modification of that Article as applied to State should be made by Presidential order to the effect
that no law made by the Legislature of the State of Jammu and Kashmir, seeking to make any
change in or in the effect of any provision of Constitution of the State of Jammu and Kashmir
relating to any of the under mentioned matters, shall take effect unless the Bill, having been
reserved for the consideration of the President, receives his assent ; the matters are: -

a. the appointment, powers, functions, duties, privileges and immunities of the Governor,
and
 34

b. the following matters relating to Elections namely, the superintendence, direction and
control of Elections by the Election Commission of India, eligibility for inclusion in the
electoral rolls without discrimination, adult suffrage and composition of the Legislative
Council, being matters specified in sections 138,139, 140 and 50 of the Constitution of the
State of Jammu and Kashmir.

6. No agreement was possible on the question of nomenclature of the Governor and the Chief
Minister and the matter is therefore remitted to the Principals.

Mirza Mohammad Afzal Beg G. Parthasarthi New Delhi, November 13,1974.

Sheikh Mohammad Abdullah's Speech in

UN Security Council (February 1948)

Aggression, not accession, is the issue

I have heard with patience, attention and respect the statements made by the representative of
Pakistan and members of the Security council, as well as the statements made on various
occasions by the members of my own delegation. The Security Council will concede that I am
probably the one man most concerned in the dispute because I happen to come from that land
which has become the bone of contention between the two Dominions of India and Pakistan.

I have been quoted profusely on either side, and rightly so, because I have had the fortune-or,
should I say, misfortune of leading my countrymen to freedom from 1931 onwards. In this task, I
have suffered a great deal. I have been imprisoned not once or twice, but seven times, and the
last imprisonment carried with it an aggregate sentence of nine years.

There are many troubles in Kashmir. I have heard patiently to the debate in the Security Council,
but I feel that I am rather confused. After all, what is the point in dispute? The point in dispute is
not that the sovereignty of the Prince is in question, as the representative of Pakistan stated
yesterday. After all, I have suffered the punishment of being sentenced to nine years
imprisonment for saying what the representative of Pakistan said with regard to the Treaty of
Kashmir of 1846. I am glad that he said in the Security Council, where he is immune from any
punishment. Therefore, I am not disputing that point and that it is not the subject of the dispute
before the Security Council.

The subject of the dispute before the Security Council is not the mal-administration of the Princely
State of Kashmir. In order to set right that mal-administration, I think I have suffered the most, and
today, when for the first time, I heard the representative of Pakistan supporting my case, it gave
me great pleasure.

After all, what is the dispute between India and Pakistan? From what I have learned from the
complaint brought before the Security Council by my own delegation, the dispute revolves around
the fact that Kashmir acceded legally and constitutionally to the Dominion of India. There was
some trouble about the demarcation of the Kashmir administration within the State, and the
tribesmen from across the border have poured into my country. They have been helped and are
being helped by the Pakistan Government, with the result that there is the possibility of a greater
conflagration between India and Pakistan. India sought the help of Security Council so that
Pakistan might be requested to desist from helping the tribesmen, and to desist from supporting
the inside revolt, should I say, against the lawful authority.

I should have understood the position of the representative of Pakistan if he had come boldly
before the Security Council and maintained: "Yes, we do support the tribesmen; we do support the
 35

rebels inside the State because we feel that Kashmir belongs to Pakistan and not to India, and
because we feel that the accession of Kashmir to India was fraudulent." Then we might have
discussed the validity of the accession of the State of Kashmir to India. But that was not the
position taken by the representative of Pakistan. He completely denied that any support was
being given by the Government of Pakistan to either the tribesmen or those who are in revolt
within the State against the constituted authority.

How am I to convince the Security Council that the denial is absolutely untrue? I am sitting before
the Security Council at a distance of thousands of miles from my country. I have fought many
battles, along with my own men, on the borders of Jammu and Kashmir. I have seen with my own
eyes the support given by the Pakistan Government, not only in supplying buses but in providing
arms, ammunition, direction and control of the tribesmen and I have even seen the Pakistan Army
forces from across the border.

The denial has come so flatly that it becomes very difficult for me to disprove it here before the
Security Council, unless the Security Council accedes to our request to send a commission to the
spot and to find out first whether the allegations brought before the Security Council with regard to
the aid given by the Government of Pakistan are correct or incorrect. If they are incorrect, the
case falls; if they are correct, then the Security Council should take the necessary steps to advise
the Government of Pakistan to desist from such support.

But then, this simple issue has been confused. On the one hand, the Pakistan Government says,
"We are not a party to the trouble within the State. The trouble within the State exists because the
people are fighting against the mal-administration of the Jammu and Kashmir Government." Yes,
we are fighting, we have been fighting against the mal-administration of that State since 1931. We
have been demanding democratisation of the Government there. But how is it that today Pakistan
has become the champion of our liberty? I know very well that in 1946, when I raised the cry "Quit
Kashmir," the leader of the Pakistan Government, who is the Governor-General now, Mr.
Mohammed Ali Jinnah, opposed my Government, declaring that this movement was a movement
of a few renegades and that Muslims as such had nothing to do with the movement.

The Muslim Conference, which has been talked about so much, opposed my movement and
declared its loyalty to the Prince. The representative of Pakistan now says that Sheikh Abdullah,
once the supporter of "Quit Kashmir", has joined hands with the Maharaja of Kashmir, and that in
one of my public speeches I declared that I wanted the Maharaja to be the Maharaja of Jammu
and Kashmir-not the Maharaja of Jammu only, but the Maharaja of entire State.

I should like to correct the misreporting of my speech. I did deliver that speech in Jammu, which is
the winter capital of our country, but it was in a different context. As the members of the Security
Council have already heard from the head of my delegation, some massacres did occur in the
Jammu Province. After the Kashmir Province was raided by the tribesmen, and after thousands of
Hindus and Sikhs were uprooted from the villages and towns in the Kashmir Province and found
their way into the Jammu Province, there was some very bad retaliation. I could not go to Jammu
Province to control that situation because I was busy with the raiders in Kashmir Province.
However, as soon as I had some time, I flew down to Jammu Province, addressed a gathering of
60,000 Hindus and Sikhs in Jammu city, and gave them some plain advice.

I told them clearly that this policy of retaliation would bring no good to them as Hindus and Sikhs
and would bring no good to their leader, because while they could retaliate in one or two districts
where they formed the majority, and could even wipe out the Muslim population in these one or
two districts, the State happens to have a population which is 80 per cent Muslim, and it would be
impossible for them to wipe out the entire Muslim population. The result would be that the Prince,
whom they wanted to support, would remain the Prince of only two districts, and not of the entire
 36

State of Jammu and Kashmir. I told them that if they wanted him to be the Prince of Jammu and
Kashmir, they would have to change their behaviour. That was the speech I delivered, and that
was the context in which it was made.

However, I have already stated how this trouble started. It is probable that the representative of
Pakistan would admit that when India was divided into two parts, my colleagues and I were all
behind prison bars. The result of this division of India was to start massacre on either side. Where
Muslims in the West Punjab formed the majority, the killing of Hindus and Sikhs started and this
was retaliated in East Punjab. All along our border, massacres of Hindus and Sikhs, on the one
hand, and Muslims on the other hand, were a daily occurrence. But the State of Jammu and
Kashmir, and its people, kept calm. The result was that thousands of refugees, both Muslims and
Hindus, sought refuge in our State and we rendered every possible help to all of them.

Why was that so? It was because I and my organisation never believed in the formula that
Muslims and Hindus form separate nations. We do not believe in the two-nation theory, nor in
communal hatred or communalism itself. We believed that religion had no place in politics.
Therefore, when we launched our movement of "Quit Kashmir", it was not only Muslims who
suffered, but our Hindu and Sikh comrades as well. That created a strong bond of unity between
all the communities, and the result was that while Hindus, Sikhs and Muslims were fighting
each other all along the border, the people of Jammu and Kashmir State — Muslims,
Hindus and Sikhs alike-remained calm.

The situation was worsening day by day and the minority in our State was feeling very nervous.
As a result, tremendous pressure was brought to bear upon the State administration to release
me and my colleagues. The situation outside demanded the release of workers of the National
Conference, along with its leader, and we were accordingly set free.

Immediately we were liberated from prison we were faced with the important question of whether
Kashmir should accede to Pakistan, accede to India, or remain independent, because under the
partition scheme these three choices were open us as, indeed, they were open to every Indian
State. The problem was a very difficult one, but I advised the people of my country that although
the question was very important to us, it was a secondary consideration. The all important matter
for us was our own liberation from the autocratic rule of the Prince for which we were fighting and
had been fighting for the past seventeen years. We had not achieved that goal, and therefore I
told my people that we must do so first. Then, as free men we should have to decide where our
interest lay. Being a frontier State, Kashmir has borders with both Pakistan and India, and there
are advantages and disadvantages for the people of Kashmir attached to each of the three
alternatives to which I have referred.

Naturally, as I have indicated, we could not decide this all important issue before achieving our
own liberation, and our slogan became "Freedom before accession". Some friends from Pakistan
met me in Srinagar. I had a heart- to- heart discussion with them and explained my point of view. I
told them in plain words that, whatever had been the attitude of Pakistan towards our freedom
movement in the past, it would not influence us in our judgement. Neither the friendship of Pandit
Jawahar Lal Nehru and of Congress, nor their support of our freedom movement, would have any
influence upon our decision if we felt that the interests of four million Kashmiris lay in our
accession to Pakistan.

I requested them not to precipitate this decision upon us but to allow us time, supporting our
movement for the while. I added that once we were free they should allow us an interval to
consider this all important issue. I pointed out that India had accepted this point of view and was
not forcing us to decide. We had, in fact, entered into a standstill agreement with both Pakistan
and India, but the leader of the Indian delegation has already explained to the Security Council
 37

what Pakistan did to us.

While I was engaged in these conversations and negotiations with friends from Pakistan, I sent
one of my colleagues to Lahore, where he met the Prime Minister of Pakistan, Mr. Liaqat Ali Khan,
and other high dignitaries of the West Punjab Government. He placed the same point of view
before them and requested that they should allow us time to consider this vital question, first
helping us to achieve our liberation instead of forcing us to declare our decision one way or the
other. Then, one fine morning while these negotiations were proceeding, I received news that a
full-fledged attack had been carried out by the raiders on Muzaffarabad, frontier town in the
Kashmir Province.

The representative of Pakistan has stated that immediately upon my release I went down to Delhi
to negotiate the accession of Kashmir to India. That is not a fact. He probably does not know that
while in jail I was elected President of the All India States People’s Conference, and that
immediately upon my release I had to take up my duties. Accordingly, I had called a meeting of
the executive of that Conference in Delhi, a fact which I had conveyed to the Prime Minister of
Pakistan. Indeed, I had told the Prime Minister of Pakistan that immediately upon my return from
Delhi I should take the opportunity of meeting him personally to discuss my point of view with him.
I did not go to Delhi to conclude any agreement on behalf of Kashmir because, although released,
I was still considered a rebel.

I might inform the representative of Pakistan that although I am beyond doubt the head of the
Administration of Kashmir State, I am not the Prime Minister. I am head of the Emergency
Administration, and that not because the Maharaja of Kashmir wished it. In fact, I do not know
whether the Maharaja wishes it even now. I hold the position because the people of my country
wish me to be at the helm of affairs in Jammu and Kashmir State.

When the raiders came to our land, massacred thousands of people—mostly Hindus and Sikhs,
but Muslims, too—abducted thousands of girls, Hindus, Sikhs and Muslims alike, looted our
property and almost reached the gates of our summer capital, Srinagar, the result was that the
civil, military and police administrations failed. The Maharaja, in the dead of night, left the capital
alongwith his courtiers, and the result was absolute panic. There was no one to take over control.
In that hour of crisis, the National Conference came forward with its 10,000 volunteers and took
over the administration of the country. They started guarding the banks, the offices and houses of
every person in the capital. This is the manner in which the administration changed hands. We
were de facto in charge of the administration. The Maharaja, later on, gave it a legal form.

It is said that Sheikh Abdullah is a friend of Pandit Jawahar Lal Nehru. Yes, I admit that. I feel
honoured that such a great man claims me as his friend. And he happens to belong to my own
country; he is also a Kashmiri, and blood is thicker than water. If Jawahar Lal Nehru gives me that
honour, I cannot help it. He is my friend. But that does not mean that, because of his friendship, I
am going to betray the millions of my people who have suffered along with me for the last
seventeen years and sacrifice the interests of my country. I am not a man of that calibre.

I was explaining how the dispute arose—how Pakistan wanted to force this position of slavery
upon us. Pakistan had no interest in our liberation or it would not also have opposed our freedom
movement. Pakistan would have supported us when thousands of my countrymen were behind
bars and hundreds were shot to death. The Pakistani leaders and Pakistani papers were heaping
abuse upon the people of Kashmir who were suffering these tortures.

Then suddenly, Pakistan comes before the bar of the world as the champion of the liberty of the
people of Jammu and Kashmir. The world may believe this, but it is very difficult for me to believe.
 38

When we refused the coercive tactics of Pakistan, it started full fledged aggression and
encouraged the tribesmen in this activity. It is absolutely impossible for the tribesmen to enter our
territory without encouragement from Pakistan, because it is necessary to pass through Pakistan
territory to reach Jammu and Kashmir. Hundreds of trucks, thousands of gallons of petrol,
thousands of rifles, ammunition, and all forms of help that an army requires, were supplied to
them. We know this. After all, we belong to that country. What Pakistan could not achieve by the
use of economic blockade it wanted to achieve by full-fledged aggression.

What do we request? We request nothing more than that the Security Council should send some
members to this area to see for themselves what is happening there.

If Pakistan comes forward and says, "We question the legality of accession", I am prepared to
discuss whether or not the accession of Jammu and Kashmir to India was legal. However, now
they say, "We want a plebiscite, we want to obtain the free and unfettered opinion of the people of
Kashmir. There should be no pressure exerted on the people and they should make the free
choice as to the State to which they wish to accede."

Not only this the offer that was made by the people of Kashmir to Pakistan long, long ago, but it is
the offer made by the Prime Minister of India at a time, I think, he had not the slightest need for
making it, as Kashmir was in distress.

We realised that Pakistan would not allow us any time, that we had either to suffer the fate of our
kith and kin of Muzaffarabad, Baramulla, Srinagar and other towns and villages, or to seek help
from some outside authority.

Under these circumstances, both the Maharaja and the people of Kashmir requested the
Government of India to accept our accession. The Government of India could have easily
accepted the accession and could have said, "All right we accept your accession and we shall
render this help." There was no necessity for the Prime Minister of India to add the proviso, when
accepting the accession, that India does not want to take advantage of the difficult situation in
Kashmir. We will accept this accession, without Kashmir’s acceding to the Indian Dominion, we
are not in a position to render any military help. But once the country is free from the raiders,
marauders and looters, this accession will be subject to ratification by the people. That was the
offer made by the Prime Minister of India.

That was the same offer which was made by the people of Kashmir to the Government of
Pakistan, but it was refused because at that time Pakistan felt that it could, within a week, conquer
the entire Jammu and Kashmir State and then place the fait accompli before the world, just as
happened some time ago in Europe. The same tactics were used.

But having failed in these tactics, Pakistan now comes before the bar of the world, pleading, "We
want nothing, we only want our people to be given a free hand in deciding their own fate. And in
deciding their own fate, they must have a plebiscite."

They then continue and say, "No, a plebiscite cannot be fair and impartial unless and until there is
a neutral administration in the State of Jammu and Kashmir." I have failed to understand this
terminology with reference to a "neutral administration". After all what does "neutral
administration" mean?

The representative of Pakistan has stated that Sheikh Abdullah, because he is a friend of Jawahar
Lal Nehru, because he has had sympathy for the Indian National Congress, because he has
declared his point of view in favour of accession to India, and because he is head of the
 39

Emergency Administration, cannot remain impartial. Therefore, Sheikh Abdullah must depart.

Let us suppose that Sheikh Abdullah goes, who is to replace Sheikh Abdullah ? It will be someone
amongst the 4 million people of the State of Jammu and Kashmir. But can we find anyone among
these 4 million people whom we can call impartial? After all, we are not logs of wood, we are not
dolls. We must have an opinion one way or the other. The people of Kashmir are either in favour
of Pakistan or in favour of India.

Therefore, Pakistan’s position comes down to this that the 4 million people of that State should
have no hand in running the administration of their own country. Someone else must come in for
that purpose. Is that fair ? Is that just ? Do the members of the Security Council wish to oust the
people of Kashmir from running their own administration and their own country ?

Then, for argument’s sake, let us suppose that the 4 million people of the State of Jammu and
Kashmir agree to have nothing to do with the administration of their country; some one else must
be brought into the country for this purpose. From where do the members of the Security Council
propose that such a neutral individual may be secured? From India? No, from Pakistan? No, from
anywhere in the world? No, frankly speaking, even if the Security Council were to request
Almighty God to administer the State of Jammu and Kashmir during this interim period, I do not
feel that He could act impartially. After all, one must have sympathy either for this side or that side.

If elections were to be held in the United Kingdom sometime after tomorrow with the Labour
Government in power, would anyone say to Mr Attlee: "The elections are now going on. Because
you happen to belong to Labour Party, your sympathies will be in favour of the Labour vote.
Therefore, you had better clear out. We must have a neutral man as Prime Minister until our
elections are finished?

However, we have been told that Sheikh Abdullah must walk out because he has declared his
point of view in favour of India. Therefore, he cannot be impartial. We must have some impartial
man, we must have some neutral man.

As I have submitted to the members of the Security Council, Sheikh Abdullah happens to be there
because the people wish it. As long as the people wish it, I shall be there. There is no power on
earth which can displace me from the position which I have there. As long as the people are
behind me, I will remain there.

We have declared once for all, that there shall be freedom of voting and for that purpose we have
said, "Let anyone come in, we have no objection. Let the Commission of the Security Council on
India come into our State and advise us how we should take a vote, how we should organize it,
and how it can be completely impartial. We have no objection." My Government is ready to satisfy,
to the last comma, the impartiality of the vote.

But to have an impartial vote is one thing; to have a say in the administration of the State is a
different thing entirely. After all, with what are we concerned? We are concerned only with the fact
that no influence shall be exercised over the voters, either in one way or in another. The people
shall be free to vote according to their own interests. We are ready to accede to that.

It is then said: "You cannot have freedom of voting as long as the Indian Army remains in the
State of Jammu and Kashmir." It is probably very difficult for me to draw a full picture of what is
going on in that country. There is absolute chaos in certain parts of the country, fighting is going
on and thousands of tribesmen are there ready to take advantage of any weakness on the part of
 40

the State of Jammu and Kashmir.

Once we ask the Indian Army, which is the only protective force in Kashmir against these
marauders, to clear out, we leave the country open to chaos. After all, one who has suffered for
the last seventeen years, in attempting to secure the freedom and liberation of his own country,
would not like an outside army to come in and to remain in the country.

However, what is the present situation? If I ask the Indian Army to clear out, how am I going to
protect the people from the looting, arson, murder and abduction with which they have been faced
all these long months? What is the alternative? here need be no fear, since the Indian Army is
there, that this army will interfere in the exercise of a free vote. After all, a Commission of the
Security Council will be there in order to watch. The Indian Army does not have to go into every
village. It will be stationed at certain strategic points, so that in the event of danger from any
border, the Army will be there to protect that border. The army is there to curb disorders anywhere
in the State; that is all. The army will not be in each and every village in order to watch each and
every vote.

It is then said: "Can we not have a joint control ? Can we not have the armies of Pakistan and
India inside the State in order to control the situation ?" This is an unusual idea. What Pakistan
could not achieve through ordinary means, Pakistan wishes to achieve by entering through the
back door, so that it may have its armies inside the State and then start the fight. That is not
possible.

After all, we have been discussing the situation in Kashmir. I should say that we have been
playing the drama of Hamlet without the Prince of Denmark. The people of Kashmir are vitally
interested in this question. Four million people in Kashmir are keenly interested in this entire affair.
I have sympathies with the people of Poonch and Mirpur. The representative of Pakistan will
probably concede that I have suffered greatly for the people of Poonch as well as for the people of
Mirpur. There is no difference on this part of international democratisation of the administration
between me, my party and the people of Poonch. We are one, we want our own liberty, we want
our own freedom, we do not want autocratic rule. We desire that the 4 million people in Jammu
and Kashmir—Hindus, Sikhs and Muslims— shall have the right to change their destiny, to control
their country, and to administer it as best as they can. On that point there is absolutely no
difference.

However, it is not a question of internal liberation. The Security Council should not confine the
issue. The question is not that we want internal freedom, the question is not how the Maharaja got
his State, or whether or not he is sovereign. These points are not before the Security Council.
Whether Kashmir has lawfully acceded to India—complaints on that score have been brought
before the Security Council on behalf of Pakistan—is not the point at issue. If that were the point
at issue, then we should discuss that subject. We should prove before the Security Council
that Kashmir and the people of Kashmir have lawfully and constitutionally acceded to the
Dominion of India and Pakistan has no right to question that accession. However, that is not
the discussion before the Security Council.

Indian and Kashmiri forces are ready to deal with tribesmen, to come to an understanding with the
people of Kashmir and to establish a democratic form of government inside the State. We shall do
all that. We do not want Pakistan to lend us support to supress an internal revolt or to drive out
the tribesmen. We do not seek any support from Pakistan in that connection. Since Pakistan is a
neighbouring country, we desire to remain on the friendliest possible terms with this sister
Dominion. But we do ask that Pakistan shall have no hand, directly or indirectly, in this turmoil in
Kashmir. The Government of Pakistan has said: "We have no hand in this turmoil." The only
course left to the Security Council is to send out the commission and to see whether or not
 41

Pakistan has any hand in this turmoil. If Pakistan has had any hand in this turmoil, then the
Government of Pakistan should be asked to desist from such activity. If Pakistan has had no hand
in this turmoil, then that can be proved.

This issue has been clouded by very many other issues and interests. I suggested at informal
talks that according to my understanding there are two points at issue, first, how to have this
neutral, impartial administration; second, whether or not the Indian Army shall remain.

It is not at all disputed that we must have a plebiscite and that the accession must be ratified by
the people of Kashmir, freely and without any pressure on this or that side. That much is
conceded, there is no dispute about that. The dispute arises when it is suggested that in order to
have the free vote, the administration must be changed. To that suggestion we say, "No."

I do not know what course future events will take. However, I may assure the Security Council
that, if I am asked to conduct the administration of this State, it will be my duty to make the
administration absolutely impartial. It will be my duty to request my brothers, who are in a different
camp at this time, to come to lend me support. After all, they are my own kith and kin. We suffered
together, we have no quarrel with them. I shall tell them: "Come on; it is my country; it is your
country. I have been asked to administer the State. Are you prepared to lend me support? It is for
me to make the administration successful; it is for me to make the administration look impartial." It
is not for Pakistan to say "No, we must have an impartial administration." I refuse to accept
Pakistan as a party in the affairs of the Jammu and Kashmir State. I refuse this point blank.
Pakistan has no right to say that we must do this and we must do that. We have seen
enough of Pakistan. The people of Kashmir have seen enough. Muzaffarabad and Baramulla
and hundred of villages in Jammu and Kashmir depict the story of Pakistan to the people of
Jammu and Kashmir. We want to have no more of this.

In concluding, I again request that in order to settle this issue of Kashmir, the Security Council
should not confuse the point in dispute. The Security Council should not allow various other
extraneous matters to be introduced. Very many extraneous matters have been introduced. The
representative of Pakistan gave us the history of the Jammu and Kashmir State. He read to us
some letters from Viceroys of India, asking the Maharaja of Jammu and Kashmir to behave, giving
the Maharaja good advice, et cetera. However, we cannot forget that these States are the creation
of British imperialism in India who has supported these states and this misrule for these 150
years? It is not going to convince me or the world for the representative of Pakistan to say: "These
events have happened and these letters were written." We know how the Princes have acted,
how the states were brought into existence, and how the Princes were supported. This was all a
game in the British imperialist policy. But this legacy has now fallen upon us. We are not here to
discuss whether or not the Maharaja lawfully became the ruler of the State, whether or not there is
moral administration in this State, whether or not the Maharaja is sovereign and whether or not
Kashmir has legally acceded to India. These issues are not before the Security Council. The only
issue before the Security Council is that Pakistan must observe its international obligations and
must not support any outside raiders.

Pakistan should not encourage inside revolt. Pakistan has denied that it has in order to verify the
statements made by the representatives of India and Pakistan, the Security Council must send a
commission to the spot to see whether the complaint brought before the Security Council is valid
or invalid. If the Security Council finds that the complaint brought before it by India is valid, then
Pakistan should be asked to desist or India should be permitted to use its means to carry out the
decision of the Security Council.

As far as I can speak on behalf of India, India does not want the help of the armies of Pakistan.
What it wants from Pakistan is that Pakistan should not supply bases to the raiders on Pakistan
 42

territory across the border from Jammu and Kashmir State. All along the border on Pakistan
territory, there are huge concentrations of these tribesmen who are Pakistani nationals. We
request Pakistan not to allow its territory to be used by these raiders.

Pakistan should not provide ammunition, arms, direction and control to these tribesmen. It should
stop the passage of these tribesmen through its territory. Pakistan should not supply arms and
ammunition to the people who are fighting within the State because all these matters fall under an
international obligation. Therefore, Pakistan should desist from that practice. That is all.

We do not want any armed help from Pakistan. If Pakistan does what we have requested, the
Indian Army, I am quite sure, will be capable of driving out the raiders and tribesmen. If Pakistan
does not meddle in our affairs, we will be capable of solving all our own internal disputes with the
Maharaja of Kashmir. However, as long as this unofficial war continues, it is very difficult for us to
do any thing. Our hands are tied.

What is happening? The raiders are concentrated just across the border. They enter our State in
large number—four or five thousand strong. They raid four or five villages, burn them, abduct
women and loot property. When our army tries to capture them, they go across the border, and
can not fire a single shot across the border, because if it does, there is the immediate danger of a
greater conflagration. So our hands are tied.

We do not want to create this difficult situation without informing the Security Council and we felt
honour-bound to inform it of the actual position. The Indian Army could easily have followed the
raiders across the border and could have attacked the bases, which were all in Pakistan territory,
but it desisted. We thought it would be better to inform the Security Council of the situation.

However, I did not have the slightest idea that when the case came before the Security Council,
the representative of Pakistan would so boldly deny that Pakistan supplied all this help.
Everybody knows that Pakistan is aiding these raiders and tribesmen and the people who are
fighting with the State. However, Pakistan chose boldly to deny all these charges.

What is left for me to do? After all, I do not have any magic lamp so that I might bring the entire
picture of Jammu and Kashmir State, along with the borders of Pakistan, before the eyes of the
members of the Security Council so that they might see who is fighting and who is not fighting.
Therefore, somebody must go to the spot. Then at that time it would be for us to prove that the
charges we have brought before the Security Council are correct to the last word. That is the only
help we want and no other help.

Legal Status of Gilgit, Hunza Etc.

Gilgit, Hunza, Nagar, Yasin, Ponial, Chitral and Skardu have from times immemorial formed
integral parts of the State of Jammu and Kashmir. These places come into focus when the
Pakistan Government nominated representatives from these areas to Pakistan’s ‘Majlis-i-Shora’.
This was obviously a move to annex and merge these parts with the northern parts of Pakistan.

These places are inalienable parts of the Jammu and Kashmir State is substantiated and
established beyond any doubt by history and that the State of Jammu and Kashmir exercised
sovereignty and suzerainty over these areas is vouchsafed and evidenced by records,
 43

documents, correspondence with the then British Government, and various treatises as also de
facto and de jure administrative control of the State over these areas. Authentic documents and
official records relating to pre-1947 era now lying in the J&K State Archives prove the claim of
Pakistan as false. Besides numerous publications by well known and knowledgeable authors
testify to these areas being parts of J&K State as it existed on October 31, 1947.

Gilgit

Gilgit is situated in some of the most dense and lofty mountain ranges of the world. It is cradled
by the mighty Himalaya’s and Karakoram ranges. No where else in the world is there to be found
a more fascinating blend of deep valleys and majestic mountain peaks in such a small compass.
It is situated between 35.55º latitude 74.23º longitude and its average height is 4,890
feet. Gilgit is locked between the frontiers of some great and ancient empires, viz India, Russia
and China. Because of its strategic location it has always remained at the centre of affairs
between these countries and has been influencing their strategic calculations. Gilgit has from
times immemorial remained a part and parcel of Indian sub-continent and has been within the
ambit of its political, religious and cultural influence. This reality was put into sharp focus with the
discovery of now Internationally famous Gilgit manuscripts which were discovered in 1938 and
which are an authentic source of Buddhist influences and lore in these far-flung territories.

Gilgit has been a part of the territories of Kashmir State from early times. Kalhan’s Rajatarangini
narrates vividly the detours of famous Kashmiri conqueror. Lalitaditya (595-732 A.D) in Gilgit and
its adjoining territories. Similarly Gilgit formed a part of medieval Kashmiri Sultan Shahab-u-Din’s
kingdom (1356-74 A.D). After the disintegration of Shahmiri Sultanate these territories fell out but
Ghazi Chak in (1552-62 A.D) re-conquered or annexed such territories as had fallen off from the
kingdom. In this attempt he attained marked success in recovering Skardu, Gilgit, Kishtwar,
Pakhli and Mungli (near Pakhli), besides bringing into subjugation the Chief of the Gakkhars. In
order to ensure efficient administration of these territories, he appointed experienced and
intelligent governors to control them. In 1842, Gilgit was again conquered by Sikh rulers of
Kashmir. After he took over Kashmir from the British in 1846, Maharaja Gulab Singh, subjugated
Gilgit but he had to face repeated insurgency. In 1859 Maharaja Ranbir Singh sent a force led by
Gen. Hoshiar Singh, which ultimately tamed the resistance and the territory was permanently
annexed to Jammu and Kashmir. Mian Jawahir Singh was appointed the first Waziri Wazarat,
who, according to the official assessment of 1916, assessed the revenue of the tract to be at Rs.
7,842/-.

Towards the second half of the eighteenth century, things began to hot up in the turbulent region
as the Czarist Russia began to evince rather abnormal interest in the region and British rulers of
India became apprehensive of a possible southward thrust by Czarist expansionists. Taking no
chances, they decided to put up a watch tower in Gilgit. They placed a British Officer there in
1868 to monitor intelligence reports and other related moves. In 1889 a full fledged Gilgit agency
was established which included areas of Yasin, Ponial, Kuh-Ghizar, Ishkman, Chilas region etc.
but the civil and administrative control continued to vest in the Government of Maharaja. It
continued to be administered by the Maharaja’s Government. Most of its garrison consisted of
Dogra soldiers and Dogra and Kashmiri official drawn from State Government cadre, often
belonging to Jammu and Kashmir regions, continued to be posted in Gilgit. After the death of
Maharaja Pratap Singh, Hari Singh was installed as Maharaja of Jammu and Kashmir State in
1925. He was very particular to assert J&K’s sovereignty on Gilgit and did not hesitate to join
issues with the British when they made attempts, overt and covert, to undermine the authority of
the State administration. He insisted that only the State flag should fly over the frontier territory.
British had no alternative but to reiterate the sovereign right of Maharaja’s rule. Now the political
landscape had changed in Russia considerably but the British became even more apprehensive
about the intentions of Bolshavik regime in what was now re-christened as Soviet Union. They,
through the intermediary efforts of their lent Officer Col. Colvin, whom the Maharaja had
 44

appointed as his Prime Minister in 1932, persuaded Hari Singh to lease out the territory to the
British Government of India for a period of sixty years. Maharaja could not refuse for obvious
reasons because he was increasingly leaning on British support to suppress the rising tide of
peoples movement in J&K which had come to fore in 1931 and was fathered by Sheikh
Mohammad Abdullah.

Accordingly a lease deed was signed on 26th March, 1935. The deed bears the signatures of
Hari Singh on one side and British Resident in Kashmir, L. E. Lang on the other. The deed was
ratified by the Viceroy Lord Wellington on April 3, 1935.

The provisions of the deed are revealing to the extent that even while taking over the temporary
administration of the territory, British Government made it explicitly clear that the territory falls
within the boundaries of Maharaja’s domain and he continues to exercise sovereign right over the
area. This will be clear by a reference to the provisions of the treaty itself.

Article 1

The Viceroy and Governor General of India may at any time after the ratification of this
agreement assume the Civil and Military administration of so much of the Wazarat of Gilgit
province (hereinafter referred to as the "said territory") of the State of Jammu and Kashmir as lies
beyond the right bank of the river Indus, but notwithstanding anything in this agreement the said
territory shall continue to be included within the dominions of His Highness the Maharaja of
Jammu and Kashmir.

Article 2

In recognition of the fact that the said territory continues to be included within the dominions of
His Highness the Maharaja of Jammu and Kashmir, salutes and customary honours shall be paid
in the said territory by the administration on the occasion of the birth day of His Highness,
Baisakhi, Dussehra, Basant Panchmi and on such other occasions as may be agreed upon by
His Highness and the Viceroy and the Governor-General of India. The flag of His-Highness will be
flown at the official headquarters of the Agency throughout the year.

Article 3

In normal circumstances no British or British India troops shall be despatched through that portion
of the Wazarat of Gilgit province which lies beyond the left bank of the river Indus.

Article 4

All rights appertaining to mining are reserved to His Highness the Maharaja of Jammu and
Kashmir. The grant of prospecting licences and mining leases will not be made during the period
of the agreement mentioned below.

Article 5

This agreement shall remain in force for sixty years from the date of its ratification and the lease
will terminate at the end of that period.
 45

Maharaja remained vigilant to the outward assertions and manifestations of his sovereignty even
after conceding the lease. Consequently, Kashmir flag continued to be hoisted alongwith the
Union Jack on the portals of Gilgit fort. Though the deed provided that the lease will be valid for
60 long years and then lapse "automatically" on-rush of fast moving international scenario over
took the imperialist designs of the British. The second World War shook the empire to its very
foundations and the British decided to withdraw from India and as a direct sequel to this decision
the lease was terminated and the area reverted to J&K State. The Maharaja deputed one of his
Army Officers Brig Ghansara Singh as the Governor of Gilgit. He took over his stupendous
assignment on July 31, 1947. On the same day the Union Jack was formally lowered. On August
1, 1947 an illumination was ordered in the entire J&K State officially to celebrate this re-union.
Significantly, this was the Day when Mahatma Gandhi arrived in Srinagar on his first as well as
last visit of Kashmir. Partition of India saw Gilgit again in the vortex of a grim turbulence. The
British Officers in Gilgit had felt a pang when they watched the solemn ceremony of lowering of
Union Jack at Gilgit. They also looked to the newly carved Pakistan with fond hopes of siding with
them in any future polarisation of world forces. They embarked upon fanning the embers of
discontent in the territory. Local garrison which was acting under the direction of one Major Brown
rebelled. They got encouragement from newly carved out Pakistan authorities who were by then
busy conspiring to grab the entire State of Jammu and Kashmir by force. On the night of October
31, 1947 when some four hundred and odd miles away Pakistani raiders were knocking at the
doors of an undefended Srinagar, the Gilgit Governor’s residence was surrounded. This date was
a watershed in the History of J&K State as the first ever popular Government under the
leadership of Sheikh Mohammad Abdullah was by then at the helm of affairs in Srinagar. The
Governor, after demonstrating remarkable personal valour, was over-powered and put under
unlawful arrest. On November 4, Pakistani representatives sent specially to Gilgit, gleefully saw
Major Brown hoist the Pakistani flag in the Scout lines and in the third week of November, 1947
Pakistan sent its political agent to rule over Gilgit. The last Kashmiri Governor of Gilgit, Brig.
Ghansara Singh, was, in course of time, handed over to Indian Government in an exchange of
political prisoners and is still as a nonagenarian, living at his home town, Jammu. That Gilgit has
been an in alienable part of the territories of Jammu and Kashmir State is borne out by detailed
assessment reports of Settlement Commissioners who were deputed during Pratap Singh’s reign
(1885-1925 A.D).

Hunza

Hunza is bounded on the north by Barber range, many lofty and snow clad peaks as high as
25,000 feet. It is situated 8,000 feet above sea level and can muster about five thousand fighting
men fairly reliable in any emergency. The State had often been hostile to the Maharaja of Kashmir
and had often made attacks on Gilgit, either in combination with Yasin or with some other petty
states. But Ranbir Singh (1856-86 A.D) quelled the hostility and affected peace with the Raja of
Hunza.

Sanad granted by His Highness, the Maharaja of Jammu and Kashmir to Mohammed Nazim
Khan of Hunza.

Whereas the State of Hunza has recently been in armed rebellion against my authority, and
whereas in consequence thereof, Raja Safdar Ali Khan, has justly forfeited any rights which he
may have possessed as ruler of the State ;

And whereas the said Safdar Ali Khan has fled from Hunza, and has not returned or made
submission to me or to the Government of India and whereas, I nevertheless desire to continue
the Chiefship of the said State of Hunza in the person of a member of the ruling family of the said
State ;
 46

Now, therefore, I have, with the approval and the authority of Governor General of India in
Council, selected you, Mohammed Nazim Khan, to be ruler of the said State of Hunza.

The chiefship of the Hunza State will be hereditary in your family, will descend in the direct line by
primogeniture provided that in each case the succession is approved by the Maharaja of Jammu
and Kashmir for the time being and by the Government of India.

An annual tribute of the following amounts, that is to say ; 25 tolas of gold, equal to 16 tolas and 5
mashas, will be paid by you and your successors to the State of Jammu and Kashmir.

Further, you are informed that the permanence of this grant conveyed by the Sanad will depend
upon the ready fulfilment by you and by your successors of all orders given by the Jammu and
Kashmir State with regard to the conduct of relations between the State of Hunza and the States
and tribes adjoining it, the administration of your territory , the prevention of raiding and man-
stealing, the construction of roads through your country, the composition of such troops as you
may be permitted to retain, and any other matters in which the Jammu and Kashmir State may be
pleased to intervene. Be assured that so long as your house is loyal to the State of Jammu and
Kashmir and to the British Government, and faithful to the conditions of the sanad, you and your
successors will enjoy favour and protection.

The following treaty was affected in August, 1870 between the Mir and Kashmir Darbar :-

By the Holy Quran..........................

I am Raja Ghazan Khan son of Raja Ghazanfar Khan and grandson of the late Raja Saleem
Khan of Hunza. Whereas my father late Ghazanfar Khan remained under the control of Kashmir
from a long time, especially the deceased Raja was obedient to the Maharaja, I also agree to
remain obedient and present the tribute in the same manner. Hence I on my own accord, without
force or pressure, depute my motabir, Wazir Fazal Khan and accept the following terms:-

1. 1. The following Nazrana will be paid by me to the Maharaja annually :

i.Gold 12 Tolas
ii.Horses 2
iii.In return, a Khilat-Fakhira and 2,000 Srinagari coins will be granted to me and also
a Khilat to my Wazir.
2. The revenue of Chaprot, that has been fixed from old times will be paid annually at Gilgit.
3. One Motabir of mine will always remain present in Gilgit and he will be paid thirty rupees
per month by the State and one Motamid will yearly present to the Maharaja the annual
Nazrana.
4. The friends of the Maharaja will be my friends and his enemies will be my enemies.
5. If a force be required in Gilgit, I shall place my troops at the disposal of the Maharaja for
service and I shall not spare any effort in doing the service.

As this agreement has been written, after swearing the Holy Quran, no change whatsoever will
take place on my part.

The tribute was paid regularly. When Hari Singh ascended the throne the Mir at Hunza went
personally to Srinagar to take part in the coronation. He offered some presents besides the
stipulated tribute, and received a robe in return. Before Gilgit was leased out to the British in
 47

1935, a procedure was adopted so that the Mir did not discontinue his offering of tribute to
Kashmir Darbar. The Mir was also in receipt of a subsidy of Rs. 2,000/- a year from Kashmir
Darbar.

Nagar

The Nagar territory lies on the opposite side to Hunza bounded on the north by the river Hunza
and possesses the same geographical and Geological features. It remained under the suzerainty
of Jammu and Kashmir State right up to 1947.

Since 1867 the State of Nagar had been paying a small tribute, to the Maharaja of Kashmir,
receiving in return a present of larger value. Here is a translation of an undertaking in Persian
given by the representatives of Nagar in 1870 A.D.

i. We undertake to confer with Ghazan Khan, the Raja of Hunza that his son, as also the
son of his Wazir should remain in attendance on the Maharaja of Kashmir and in case he
does not agree, we shall send our forces against him.
ii. If any Motabir of Hunza comes for secret work into our State, we shall kill him.
iii. We shall ask Raja Ghazan Khan to handover the forts of Chaprot, and Nomal, if he
agrees well and good : if not, we shall march against him and take their possession by
fighting out.
iv. That one of us four, Shah Murad, Mohammad Shah, Mirza and Nadlu will always remain
in attendance at Gilgit turn by turn.
v. Inter communication between the Gilgit and the Nagar subjects of the Maharaja and
others will continue. If any loss occurs, we shall be held responsible.
vi. One real son of the Raja of Nagar and one son of the wazir will remain always in the
service of the Maharaja.
vii. Friends of the Maharaja of Kashmir will be considered friends and his enemies taken as
enemies.
viii. In case, the Maharaja of Kashmir will demand any force, the same will be supplied
without any hesitation well equipped.
ix. That in return for the Khilat granted to Raja Jafar Khan, annually, the following Nazrana
will be presented :-
i. Horses 2
ii. Gold 21 tolas
iii. Apricots 5 loads

Sanad granted by His Highness the Maharaja of Jammu and Kashmir to Raja Jafar Khan of
Nagar.

Whereas the State of Nagar has recently been in armed rebellion against my authority, and
whereas in consequence thereof, You, Raja Jafar Khan, have justly forfeited any rights which you
may have possessed as ruler of the said State :

And whereas by reason of your submission, and in consideration of your promise to abide by the
following conditions, it is thought desirable, as an act of clemency, to re-appoint you as ruler of
the said State.

Now, therefore, I have resolved, with the approval and authority of the Governor-General of India
in Council, to re-appoint you, Raja Jafar Khan, as ruler of the said State of Nagar, and you are
hereby appointed to be Raja of Nagar.
 48

The Chiefship of the Nagar State will be hereditary in your family, and will descend in the direct
line by primogeniture, provided that in each case the succession is approved by the Maharaja of
Jammu and Kashmir for the time being and by the Government of India.

As annual tribute of the following amounts, that is to say :---

Twenty six tolas of gold, equal to 17 tolas and 1 masha, will be paid by you and your successors
to the State of Jammu and Kashmir.

Further, you are informed that the permanence of the grant conveyed by the sanad will depend
upon the ready fulfilment by you and your successors of all orders given by the J&K State, with
regard to the conduct of relations between the State of Nagar and the States and tribes adjoining
it, the administration of your territory, the construction of roads through your country, the
composition of such troops as you may be permitted to retain, and any other matters in which the
Maharaja of Jammu and Kashmir for the time being may be pleased to intervene. Be assured
that, so long as your house is loyal to the State of Jammu and Kashmir and to the British
Government, and faithful to the conditions of the sanad, you and your successors will enjoy
favour and protection.

A letter from Zafar Zahid, son of Raja Jafar Khan to the address of Dewan Kripa Ram, the Prime
Minister of Jammu and Kashmir will be of interest:

"So long as there is breath in my body and head on my body, I shall not swerve from the sphere
of your order. With your friends I shall cement friendship, your enemies I shall treat with
vengeance and envy. In this work, I hold the Maharaja as my master and supporter and I believe
he will think of my welfare, because I am always at his service and have just sent my tribute. The
agreement which has been entered into and agreed by Mirza, Shah Murad and others is binding
on me". There is also a letter of August, 1870 from him to the Maharaja saying that he had sent
Wazir Shah with his two sons namely, Alidad Khan and Habib Khan and that the Maharaja was
pleased to fix an allowance for Habib Khan and appointed Alidad Khan as the ruler of Gilgit. The
letter referred above is acknowledgement of an order of the Maharaja, in which the above
proposals are embodied. The conquest of Hunza and Nagar in 1895 by Pratap Singh stopped the
occasional looting on the Karakorum. The Raja of Nagar is recorded to have paid tribute at the
coronation ceremony of Hari Singh in 1926. He also entered into a fresh agreement to evolve
modalities for paying his stipulated tribute to the Maharaja even after the lease of Gilgit to British
in 1935.

Chitral

Chitral is located at the western fringe of Kafristan and its average height is 8,000 feet above sea
level. It is adjacent to China and has been a centre of Buddhist learning. The earliest records
available show that since the year, 1864, the Mehtar of Chitral, Aman-ul-Mulk used to send his
Nazrana through his representatives, sometimes his brother, Makhmul Shah, to the Maharaja of
Kashmir. In 1876 the Mehtar appears to have approached the Maharaja, with a view to seeking
his protection against the threatening attitude of the Amir of Afghanistan, who had an eye on this
territory. As a result, an agreement was made which may loosely be translated as follows :

"This agreement is made on behalf of myself and my children."

a.I hereby agree that I shall ever endeavour to obey and comply with orders of the Maharaja
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and consider his well-wishers as my friends and his enemies as my enemies and in
recognition of sovereignty, pay the following Nazrana :-

i.Horses : 3
ii.Hawks : 5
iii.Hounds : 5
b.One Motabir of the Maharaja will always remain at Kashgar and one in Yasin and they will
be duly honoured and respected. Similarly, one Motabir of mine will remain in the Darbar of
the Maharaja and another on behalf of the Hakim of Yasin in Gilgit for execution of orders.
c.I shall receive a yearly subsidy of rupees 12,000 from the Maharaja in observance of the
above conditions and if instead of the Motabir, any of my sons takes up the place, he will
receive a separate allowance from the Maharaja."

In 1855, Nizam-ul-Mulk, the eldest son of Mehtar Aman-ul-Mulk visited Jammu. He was treated
as the State guest throughout till he went to Calcutta to wait on the Viceroy. On his return, he
continued to be the State guest and at the time of his departure was granted Rukhstana of rupees
3,125 for himself, in addition to the Khillats granted to him and his family and dependents.

In 1836, at the request of the Mehtar of Chitral, a report writer was sent by the Maharaja to
Chitral. In 1914 the Government of India acceding to the wishes of the Mehtar of Chitral,
transferred the areas of Mastuj and Laspur to him by virtue of the agreement signed by him on
April 2, 1914. The first clause of agreement runs as under:

I acknowledge the suzerainty of the Maharaja of Kashmir and Jammu and in token thereof will
resume the annual payment of following Nazrana viz :

i. Horses : 3
ii. Hawks : 5
iii. Tazi Dogs : 6

Further clause 8 reads as follows :

"In consideration of my acceptances of the above conditions, the subsidies now paid to me and
certain officials viz. Rs. 12,000/- a year by the Government of India and Rs. 12,560/- a year paid
by the Kashmir Darbar which he continued subject to the provision that the payment at present
aggregating Rs. 4,560/- a year made by the latter to certain officials and headmen will gradually
close as the present recipients die or/are removed from Office".

The Mehtar did attend the Raj Tilak ceremony of Hari Singh in 1926. Though he offered his usual
offering, there appears to have been a grievance on some matter of protocol. There are records
available of as late as 1935 when correspondence on this matter was continuing. Chitral
remained under the suzerainty of Kashmir Darbar right up to October, 1947, when Pakistan
raiders occupied it.

Skardu

Situated on the left bank of River Indus, Skardu is the principal town of Baltistan. It is bounded by
river Shigar on the north, by Kiris and Parkuta on the east by Tilail on the South and by Astor and
Rondu on the West. The district has been a part and parcel of J&K State uptill 1947. It was
continuously administered by the J&K State Government. Gulab Singh gained the control of this
territory by virtue of clause 4 of Lahore treaty of 1846 which was ratified in the treaty of Amritsar,
1846, between British Government and Maharaja Gulab Singh vide its article No.1. Skardu is the
 50

central town in Baltistan. A Wazir Wazarat was stationed here by J&K State Government and
Kargil tehsil was a part of his jurisdiction. Skardu was a part of State revenue and judicial
systems. Its revenue was assessed from time to time and there are settlement reports available
which describe the quantum and method of revenue collection. For instance, the assessment
notes by Major J. L. Kaye, settlement Commissioner appointed by Maharaja Pratap Singh’s
Government, printed at Ranbir Prakash Press, Jammu in 1904 A.D. states that the following
illaqas’ are also parts of Skardu.

Illaqa Haramosh-Rondu-Shigar-Kiris-Parkutta-Tolti-Khapalu-Charbat. He proposes (page 6) that

"the cost of settlement of these lands should be recovered from the Rajas under the usual rules.
The Rajas will with their allowances, all be in receipt of an income of Rs. 300/- a year" and the
cost of the settlement will not be a large demand. Skardu fell to Pakistani raiders on August 14,
1948. Uptill then it was ruled by the Government headed by Sheikh Mohammad Abdullah, which
was appointed by Maharaja in March, 1948. The last Wazir Wazarat of Skardu was an officer
from Jammu, Mr. Amar Nath Pragal. He was brutally killed by the invaders and the District
treasury ransacked, which even at that time contained Ninety thousand and odd Rupees in Indian
currency. The local administration was mostly manned by officials hailing from Jammu and
Kashmir provinces. Many of them managed to escape, a number of them were taken prisoners.
These were to return only after an exchange of political prisoners between India and Pakistan
and were absorbed in State Government cadres.

Photo Gallery
 51

< "Kashmir Hamara Hai" historical speech of

Sheikh Mohammad Abdullah in presence of
Pandit Nehru in Lal Chowk.

The first important speech of Pandit Nehru in Lal

Chowk. "India will never let down kashmir" and
the Indian army will fight on till the last raiden is
driven out. >
 52

< Pandit Shyam Lal Saraf, an old worker and

known leader of National Conference, Supplies
Minister.

Sheikh Sahib lends his patient ear even to the

saying of smallest children. >
 53

< Pandit Nehru arrives.

Pandit ji taking salute. >