Chapter 2: Integration of States
The Indian Princely States, which formed peripheral
salient of the British colonial organization in India, were liberated from the
British tutelage in 1947, when the British quit India and the powers of
Paramountcy they exercised over the States, suffered dissolution. The British
withdrawal was accompanied by the partition of India and the creation of a
separate Muslim state of Pakistan, constituted of the Muslim majority provinces
of Sind, North-western Frontier province, Baluchistan, the Muslim majority
districts of the Punjab and Bengal and the Muslim majority division of Sylhat in
Assam. However, the Indian States were not subject to partition of India, and
were left out of it as well as liberated from the operatives of Paramountcy,
which governed their relations with the British and the Government of India. The
lapse of Paramountcy involved the dissolution of the obligations the British
carried out in regard to the States and the powers the British Crown exercised
over them and the British Government did not transfer Paramountcy to any of the
successor States in India, but resorted them to the Princes. The Prime Minister,
Clement Attlee, told the Parliament on the eve of the Indian independence:
As was explicitly stated by the Cabinet Mission His
Majesty Government do not intend to hand over their powers and obligations under
Paramountcy as a system to a conclusion earlier than the date of the final
transfer of power, but it is contemplated that for the intervening period the
relations of the Crown with the individual States may be adjusted by agreement.
However, though the transfer of power underlined the
reversion of all the rights and powers of the Paramountcy to the Rulers of the
Indian States, the British Government did not accept to recognize the States as
independent dominions in India and declined to undertake any obligation, which
the Paramountcy entailed. Option was left open to the Princes, by explicit
stipulations incorporated in the provisions of the partition scheme, to accede
to either of the two dominions or enter into such agreements among themselves or
with the Dominions, as they would determine. Evidently the partition plan
provided for the States, what the British termed "technical
independence" to remain out of the political organization, the creation of
the two Dominions envisaged; but the Act did not stipulate their independence;
nor did the British Government accept to recognize them as independent dominions
and take upon itself any obligations which the Paramountcy underlined. The
British Government did not visualize the partition of the states on the basis of
the division of India but separated them into political identities which would
neither be recognized independent nor be presumed to form a part of the two
dominions of India and Pakistan.
Both the Congress and the Muslim League did not accept
that States were not subject to partition and separation of Muslim India but
they interpreted the partition scheme in diametrically different ways. The
League took the position that the Princes were vested with the independence and
paramount power to exercise freedom in respect of accession or independence in
spite of the fact that British refused to recognize the States as independent
dominions in India. The Congress on the other hand refused to countenance the
independence of the States and emphasized that the people of the States alone
could determine the future disposition of the States in respect of their
accession.
The Muslim League accepted the implied doctrine of
fraction of action for the Princes, probably because the few States on the
Pakistani side of the border would have no real choice. Moreover, the exercise
of such freedom by some of the large Princely States in India, notably Hyderabad,
would imperil the territorial integrity and stability of Pakistan's more
powerful neighbor. For precisely opposite reasons the Congress rejected the
British Government's interpretation of Paramountcy and declared that it would
resist territorial fragmentation.
The All India Congress Committee, which met in Delhi on
June 13, 1947 strongly, protested against the vivisection of India, which the
withdrawal of Paramountcy would spell out. The Committee adopted a resolution,
which rejected the British and the League interpretation of the lapse
Paramountcy and claimed that the relations between India and the States could
not be allowed to be adversely affected by the lapse of Paramountcy. The
Committee refused to recognize the right of any State to declare its
independence and live in isolation from the rest of India.
Apart from what the British Government had in its mind
in regard to the Indian States, most of the British officials in the Government
of India, spared no efforts to encourage some of larger States to assume
independence. The State Department took the position that the Indian States were
bound to the British Crown by the instruments of Paramountcy, but were otherwise
completely independent and owed no allegiance to the British India. After the
Paramountcy lapsed, the State Department maintained, the Princes would resume
the powers, which were exercised over them by the British Crown and would he
within their rights to assume full-fledged independence.
Many of Princes were eagerly waiting to see if they
could use Pakistan as a counter-weight against India and with whatever help they
could secure from the British, remain out of the future constitutional
organization of India. Bhopal was preparing to declare itself free, the moment
the British withdrew from India. Hari Singh of Jammu and Kashmir, waited
patiently for an opportunity to establish an independent State. The Nawab of
Hyderabad was fiercely opposed to the Congress and the Indian National movement
and there was hardly any doubt about what he was determined to do. He tried
frantically to persuade Mountbatten to get the eight thousand troops of the
Indian army removed from his State. Sir William Monckton, the Nizam's Legal
Advisor wrote to Lord Ismay on 22 June 1947:
The State has been pressing the Political Department
for the removal of the Indian army troops from our cantonments. There are 7,000
or 8,000 Indian Army fighting troops in the State including armed formations.
The Nizam thinks it quite intolerable that they should remain here after the
15th of August. They would in effect be an army of occupation. But such pressure
as the Political Department has been able to exert has been quite ineffective.
Whether the Defense Member is stalling or not, I don't know; but it does look as
if those who will form the Government of the Indian Union would not be unwilling
to find themselves with an army of occupation here. I spoke Commander-in-Chief
about it and he said that we should have nothing to worry about while he was
directing the army. This is cold comfort.
The Crown Representative is still the Crown
Representative and he could direct the Government to take steps to move the
troops out of State territory by the 15th August.
In view of the intention of the British to close down
the Political Department of the Government of India, which dealt with the
States, it was decided to set up a new department, called the "States
Department" to deal with the matters concerning the States. The Department
was instituted on 27 June 1947, and was divided into two sections, the Indian
Section and Pakistan Section. The Indian Section was headed by Sardar Patel and
the Pakistan Section by Abdul Rab Nishtar of the Muslim League. Nishtar,
immediately after he assumed office, conveyed to the Princes that Pakistan would
accept whatever terms they laid for their accession to Pakistan and in case they
were prepared to accede to Pakistan, support them in their bid to assume
independence. The League leaders sent several emissaries to Hari Singh inviting
him to accede to Pakistan on the terms he would specify, and assured him of
their support if he decided to assume independence.
As the transfer of power began to draw close, a
conference of the Rulers of the States was convened in Delhi on 25 July 1947.
Mountbatten, who addressed the Rulers for the last time in the capacity of the
Crown Representative, advised them to accede to the appropriate Dominion in
respect of three subjects-defense, external affairs and communications. He
assured them that their accession on those three subjects would not involve any
financial liability and that in other matters there would be no encroachment on
their sovereignty. Finally he appealed to them to join either Union before 15
August 1947.
Before 15 August, all the Indian States except Junagarh,
and two States of Jammu and Kashmir and Hyderabad, acceded to the Dominion of
India. For Jammu and Kashmir and Hyderabad, the offer of accession was kept open
even after 15 August. The Maharaja of Kashmir offered to sign a standstill
agreement with both the dominions of India and Pakistan. Pakistan accepted the
standstill agreement but India advised the State Government to send its
accredited representative to negotiate the terms of the agreement. No agreement
was reached with Hyderabad and on 12 August, the Nizam of Hyderabad was informed
by the Viceroy that the offer of accession would remain open for a further
period of two months. The Maharaja of Kashmir was upturned, when Pakistan
attacked his State in October 1947, after which he acceded to India. The Indian
troops entered Hyderabad in 1948, and the accession of the State to India was
finally accomplished.
Jammu and Kashmir
The Jammu and Kashmir State was founded in 1846, after
the Sikhs were defeated in the first Anglo-Sikh war and the territories of Sikh
empire situated between the rivers Sutlej and Sind and including Jammu, Kashmir,
Hazara Chamba and the frontier divisions of Ladakh and Baltistan were
transferred to Gulab Singh, a Dogra Rajput chieftain of Jammu and a feudatory of
the Sikh empire. The first Anglo-Sikh war broke out in December 1845, when the
Sikhs crossed the Sutlej River to fortify their frontiers around which the
British had begun to entrench themselves. The Sikhs fought with reckless
bravery, but divided by internecine strife, commanded by decrypt officers and
betrayed by their leaders, suffered successive defeats in various engagements
they had with the British. The most decisive battle of the first Anglo-Sikh war
was fought at Sobraon where the Sikhs were finally beaten.
As a prize for their victory, the British demanded from
the Sikhs, the territories situated between rivers Sutlej and Bias and a war
indemnity of one and a half crore of rupees. The Sikhs agreed to surrender the
territory the British claimed, but refused to pay the indemnity. Instead they
offered to cede additional Sikh territories to the British situated between Bias
and the river Indus, including the provinces of Jammu, Kashmir, Hazara, the
divisions of Kulu, Mandi, Nurpur, Kangra and Chamba, and the frontier regions of
Ladakh and Baltistan. The British, reluctant to commit themselves on a mast and
unfriendly frontier, decided to transfer the territories, the Sikhs offered to
cede, to Gulab Singh on the condition that he made good the indemnity on behalf
of the Sikhs. Gulab Singh with a view to carve out a kingdom for him, which
would be secured by the British, readily agreed to enter the bargain. The
British retained the important divisions of Kulu, Mandi, Nurpur and Kangra and
in consideration of that reduced the sum of the indemnity to only one Crore of
rupees and transferred the rest of the territories the Sikhs had ceded, to Gulab
Singh in independent possession. The transfer of territories was formalized by
the Treaty of Amritsar, which was concluded between the British and Gulab Singh
on 16 March 1846. Hazara proved far too turbulent for the Dogra chief to hold
and he exchanged it with an equal extent of territory situated east of Jehlum in
Jammu.
The Dogra State formed a complex alignment of regional,
cultural and linguistic diversities as the different regions of the State,
Jammu, Kashmir, Ladakh and Baltistan were geographically, ethnically and
culturally disparate countries, which had no common history, language and
cultural affinity. Jammu spread into a cluster or Rajput principalities ruled by
Dogra potentates was brought under the Sikh sway in 1808, when the Sikhs reduced
the Jammu kingdom. Kashmir, an ancient Hindu state and ravaged by vicissitudes
of history was wrested by the Sikhs from the Afghans in 1819. The regions of
Ladakh and Baltistan, mainly a part of the Tibetan table land and inhabited by
Buddhists and Shiaie Muslims were annexed to the Sikh domains by Gulab Singh in
1837.
The administrative organization, Gulab Singh instituted
in the State, was in no way different from the administrative structures which
the British forged in the other native States of India. The princely States were
the outer citadels of the British colonial empire in India possessed little of
the nativity they claimed. "They were protected proteges of the British
colonialism and their power and prestige was secured by the Government of India.
The Sanads, treaties and agreements on which the Indian States' structure was
based were in content, commitments to a subordinate alliance with the
British". In the provinces, the British endeavored to establish
administrative instruments, which were aimed to consolidate the basis of the
British Empire in India. In the native States, the Princes were allowed to rule
within the reaches described by the British to serve the interests of the
empire, fill the coffers of the Company and provide sanctuaries for the British
adventurists who arrived in India in search of fortunes and future.
The province of Jammu and the frontier divisions of
Ladakh and Baltistan were not centers of much industrial activity, but the
province of Kashmir was the hub of the shawl manufacture, which had yielded
enormous revenues to the Sikhs. The capricious Muslim Khojas, who owned the
industrial establishments of shawl manufacture in the province, imported shawl
wool from Chanthan in Tibet across Ladakh and exported the finished Pashmina
shawl products, and employed labor on indenture paying in advelorum duty on the
sale proceeds of their manufactures. Gulab Singh left the industrial possessions
of the Khoja manufactures intact along with their right to employ indentured
labor. He, did not change the terms of the monopolies in trading and import of
shawl wool which he had wrested from the Ladakhis and left the export of the
finished shawl products in the hands of the Khojas who enjoyed a monopoly in
shawl exports.
Like the other Indian States, Jammu and Kashmir too
formed the backyard of the British colonialism in India. The Treaty of Amritsar
was a subordinate alliance by which the Dogras pledged to recognize to British
suzerainty over their State. Whatever semblance of independence, the Dogras had,
was rapidly lost by them after the Second Anglo-Sikh War, when the Sikh State
was finally broken up and the Punjab was annexed to the British territories in
India. Gradually the Dogras were integrated into the Indian Princely order and
brought within the grinding operation of the British Paramountcy. In 1889,
Maharaja Pratap Singh, Gulab Singh's grandson and the third Dogra ruler in
succession, was set aside by the Government of India on charges of misgovernment
and incapacity and the State Government was placed under the direct supervision
of the British Resident in the State. The helpless Maharaja, confined to his
palace, imploringly wrote to the governor-general:
"If after a fair trial being given to me, I do not
set everything (excepting the Settlement Department, which is under the guidance
of Mr. Lawrence, and which will not be sealed within five years) right, and am
found not to rule to the satisfaction of the Supreme Government, and my people
within the prescribed time, Your Excellency's Government is at liberty to do
everything that may be considered advisable. In case this liberty is not allowed
to me by the Supreme Government, and I have to remain in my present most
miserable condition, I would most humbly ask, Your Excellency to summon me
before you and I will be most happy to obey such summons and shoot me through
the heart with Your Excellency's hands, and thus at once relieve an unfortunate
prince from an unbearable misery, contempt and disgrace f ever."
Having assumed direct control over the State, the
British Government reorganized the entire administration of the State on the
basis of the departmental organization they had introduced in the Indian
provinces and the other Indian States. The departments were placed in charge of
officers, mostly English and drawn from the Home Department of the Government of
India. The hierarchical order of the State administration was also restructured
on the pattern; the British had evolved to govern India. Authority percolated
down from the Resident and the petty officials at the lower rungs of the
administration licked the mud, and collected the graft and blackmail to pass it
up to the magistracies over them, the provincial governors, the ministers and
the Resident.
Besides the administrative reorganization, the British
changed the traditional social balances, which formed the basis of the Dogra
power. They reorganized the agrarian relations the Dogras had inherited from
their predecessors, introduced a permanent settlement of land revenue on the
model they had followed in the Punjab, and recognized permanent occupancy rights
of the land holders who undertook the payment of a fixed land rent. They
abolished the monopolies the Dogras assumed over trading, rationalized taxation
and resumed the right to grant concessionary rights, exploitation of forests,
exploration of minerals and permit imports, liquidating the manifold class
factions which formed the bedrock of the Dogra economic organization. They did
not interfere with the shawl industry, by then in decline, and left the Khoja
owners of the smoldering shawl manufacturing factories untouched. They had
already wrested the monopoly in the import of shawl-wool from the Maharaja.
A factorial change, the British brought about in the
State was the introduction of English education and the institution of schools
and colleges on the basis of English curricula. The English education,
imperceptibly uprooted a generation from its traditional moorings and catapulted
it into a new universe of intellectual experience though recast into masses of
mercenaries to serve the British empire, many of them were pushed into
progressive social roles and community leadership. These people became the
harbingers of the Indian renaissance in the States, where the dimensions of
political repression and social backwardness were more pronounced than in the
Indian provinces.
Indian Renaissance
The Indian national renaissance evoked widespread
response in the State and brought it into the vortex of the liberation movement
in India. The civil disobedience movement, which rocked India in 1915, led to
severe reaction in the Jammu province of the State, from where thousands of
volunteers went to the Punjab to join the civil disobedience movement. The
Khilafat movement followed with greater fury, and spread to the entire State,
particularly the Kashmir province, where the Muslims joined the Khilafat
agitation in large numbers.
In 1931, the Muslims, who formed a predominant part of
the population of the State, fell into a head on collision with the Dogra rule.
Many factors were responsible for the Muslim resurgence. Muslims, particularly
in the Kashmir province, considered the Dogras aliens and usurpers and had right
from the time the State was founded, given ample expression to their distrust
against them. The Muslim disaffection was considerably aggravated by the abuse
of power and exploitation, which characterized the Dogra rule. As a part of the
Indian princedom, the Dogras were in no way better than the rulers of the other
Indian States. The contributory factors, which deepened the Muslim unrest, were,
the traditional British hostility towards the Dogras and the pan-Islamic
irridenticism which swept the Punjab in the aftermath of the Khilafat.
The disturbances in the State evoked serious
repercussions all over the Punjab and a part of northwestern Frontier Province
and Sind. Muslim political factions, in the Punjab, jumped into the fray in
order to exploit the situation in the State. Aharar volunteers, in thousands,
marched in the State to help their Muslim brethren. "Kashmir
Committees" supervised by a Central Kashmir Committee headed by Sir
Mohammed Iqbal, were constituted all over the Punjab to direct efforts to
organize, help and support for the Muslims in the State in their struggle
against the Dogras.
Hari Singh tried his utmost to obviate the British
intervention, which he was sure, would follow if the situation in the State did
not improve. He changed his policy and offered to look into the grievances of
the Muslims and mitigate them and actually a temporary suspension in the Muslim
agitation was achieved. However, peace did not last long and agitation restarted
with added vehemence. The Government of India sent a peremptory note to the
Maharaja asking him to appoint a commission headed by a British officer of the
Government of India to inquire into the Muslim grievances, introduce
administrative reforms in the State Government which would provide the Muslims a
wider State patronage and appoint a British officer of the Government of India,
the Prime Minister of the State. Hari Singh waited for sometime, but finally
yielded. The British troops were dispatched to Jammu with quick expedition to
quell the riots and bring the situation under control in the province. An
Ordinance was promulgated by the Government of India to prohibit the entry of
Ahrar volunteers into the State. Large number of Ahrars were arrested and
imprisoned. A British officer of the Government of India, E. J.D. Colvin, was
appointed the Prime Minister of the State. A Commission of Inquiry, headed by
another British officer of the Government of India, who had served in the State
in various capacities, was instituted to enquire into the grievances of the
Muslims. A Constitutional Reforms Conference, which too was headed by B.J.
Glancy, was also appointed to recommend measures of reforms in the State
Government.
The Muslims, hopeful of utilizing the British influence
against the Dogras, withdrew the agitation and scaled to cooperate with the
Commission of Inquiry and the Constitutional Reforms Conference. The
deliberations of the Commission of Inquiry and the Constitutional Reforms
Conference were protracted and the Muslim agitation gradually subdued.
In November 1932, the Muslims called a general
convention in Srinagar to which delegates were invited from all over the State.
On the final day of the three-day convention, the Muslim Conference was founded.
Sheikh Mohammad Abdullah, who had directed the Muslim struggle against the
Dogras, was elected the President of the Conference. The Conference committed
itself to:
- Organize the Muslims and secure them their due
rights;
- Struggle for their economic and cultural uplift;
and
- Deliver them from the oppression they were
subjected to.
National Conference
The take-over of the State Government by the British in
the wake of the Muslim agitation ultimately brought the Muslims to a dead end.
In due course of time they found the British were now the virtual masters in the
State. The support, the-Muslims had received from the Muslims in Punjab also
wanted mainly because the British patronage, British inspiration and patronage,
the Muslims in the Punjab had received to rise against the Dogras had also
ceased. The Muslim leadership did not take long to realize that the Dogras were
an adjunct of the British empire in India and any struggle against them was
inconceivable except within the context of freedom from British dominance. The
elections and the formation of the Congress Ministries in the British Indian
Provinces in 1937, inspired the Muslim leadership to break out of its religious
moorings and with the active support of the Hindus and Sikhs, who had opposed
the Muslim agitation vehemently, founded a broad based and secular movement for
political emancipation of the people of the State. In 1939, the All Jammu and
Kashmir Muslim Conference was converted into a secular political party. The
Muslim leaders amended the Constitution of the Muslim Conference, renamed it as
the All Jammu and Kashmir National Conference, modified its objectives and threw
its membership open to all the people of the State.
The National Conference committed itself to a secular
struggle for Indian freedom, the realization of a political India comprising the
British Indian Provinces and the Indian States and institution of self-rule in
the States. The Conference affiliated itself to the All India States' Peoples’
Conferences, which spearheaded the liberation struggle in the Indian States.
The National Conference conducted a vigorous campaign
in the State for the institution of self-government and constitutional reforms.
However, it was plunged into a crisis when the Muslim League adopted the
Pakistan resolution in March 1940. The League resolution envisaged the
reorganization of the Muslim majority provinces in India into a separate and
independent Muslim State of Pakistan. A large section of Conference leaders and
ranks, mostly from Jammu, advocated the acceptance of the League resolution for
Pakistan on the plea that the Muslims in the State formed a part of the Muslim
India and, therefore, their aspirations wore bound with the creation of
Pakistan. The Conference rejected the League resolution and the leaders and
cadres who advocated the acceptance of Pakistan resolution abandoned the
Conference.
On 13 June 1941, the breakaway factions of the National
Conference revived the erstwhile Muslims Conference. Chowdhry Gulam Abbas was
elected the President of the Conference. In the open session of the Conference,
Abbas called upon the Muslims in the State to support the League demand for
Pakistan.
In 1943, Maharaja Hari Singh appointed a high power
Commission to investigate into the working of the government and recommend
measures for reform and the introduction of administrative responsibility. All
the political organizations were invited to participate in its work. The
appointment of the Commission created an atmosphere of optimism in the State and
all the political organizations including the National Conference, agreed to
participate in the deliberations of the Commission. The Muslim Conference was
not given any representation in the Commission and the Working Committee of the
Conference gave a call to the Muslims m the State to boycott the Commission.
The deliberations of the Commission were not smooth.
Differences set in among the participants of the Commission on a wide variety of
matters and the Commission failed even to evolve an agreement on the
interpretation of its terms of reference. The National Conference submitted a
long memorandum to the Commission, which envisaged the institution of
responsible government in the State, weightage for minorities, recognition of
civil liberties, and the economic uplift of the backward people of the State.
Soon however, the Conference withdrew its representative from the Commission and
presented a Revised Version of the memorandum it had submitted to the
Commission, to the Maharaja. Later the memorandum was adopted by the Conference
as its official manifesto and published under the name of 'Naya Kashmir'.
In October 1944, Hari Singh announced by a
proclamation, that he had decided to appoint two ministers from among the
members of the Praja Sabha, the State Legislative Assembly, which was instituted
in 1934, in the aftermath of Muslim agitation in the State. Most of the
political organizations accepted the scheme, which was erroneously called
Dyarchy. As a consequence of the implementation of the proclamation Maharaja
Hari Singh appointed Mirza Afzal Beg the deputy leader of the National
Conference parliamentary party in the Praja Sabha and Wazir Ganga Ram from
Jammu. Beg was entrusted with public works and Ganga Ram was put in charge of
Education.
Dyarchy did not admit of any measure of responsibility
and suffered from severe defects. No sooner the two ministers stepped into their
office; the defects of the scheme came to surface. After the war came to its
end, the policies of the State Government suffered a subtle shift. Dyarchy came
to its end in March 1946, when Mirza Afzal Beg resigned from his office in
protest.
These were the critical days when the Indian
independence was on the anvil. When the Cabinet Mission arrived in India, the
National Conference submitted to it a long memorandum which repudiated the rig
of the Princes, to represent the states and demanded that the people in the
States be allowed to participate in the Constitution making bodies in India,
which the Mission proposed. "At a time", the memorandum stipulated
"when the new world is being built on the foundations of the Atlantic
Charter, a new perspective of freedom is opening before the Indian people, the
fate of the Kashmiri nation is in the balance, and in the hour of decision we
demand our basic democratic right to send our elected representatives to the
Constitution making bodies that will construct the framework of free India. We
emphatically repudiate the right of the princely order to represent the people
of the Indian States or their right to nominate their personal representatives
as our spokesmen." The memorandum evoked no response from the Mission.
In May 1946, the National Conference launched the
famous 'Quit Kashmir' movement. Sheikh Mohammad Abdullah demanded the annulment
of the Treaty of Amritsar, by virtue of which the British had founded the Jammu
and Kashmir State. The Conference demanded the termination of the Dogra rule and
the transfer of power to the people in the State. The State Government dealt
with the movement with a stern hand. The Conference leaders were arrested and
jailed and Martial law was imposed in the Kashmir province, where the 'Quit
Kashmir' movement evoked widespread response. At many places the troops clashed
with the demonstrators and opened fire on them. The Congress leaders and the
'leaders of the States Peoples' Conference were disparaged at the development in
the State and castigated the State Government for its indiscreet policies. Nehru
sought to intervene and offered to visit the State to bring about a peaceful
settlement of the conflict between the Conference and the State Government. The
State Government refused to allow Nehru to enter Kashmir and on his way to
Srinagar, he was served with a prohibitory order at Kohalla, the frontier
outpost where the Srinagar-Rawalpindi road entered the State territories. Nehru
refused to turn back and crossed into the State borders. He was promptly put
under arrest and detained at a wayside station. The next day he was released and
allowed to return to Delhi. The leaders and the cadres of the National
Conference were arrested and sentenced to various terms of imprisonment. Within
a month, the 'Quit Kashmir' movement was smothered
Independence to Accession
While the Dogras grappled with the 'Quit Kashmir'
agitation changes of far reaching importance were on way in India. In February,
the British announced their intention to leave India. In June, the India leaders
accepted the partition. Besides the creation of two dominions India and
Pakistan, the partition plan envisaged, that all rights and powers which the
British exercised in regard to Indian States would revert to the States. The
Princes were given the choice to determine their relations with the two
dominions and accede to either of them or arrive at such arrangements with them
as they defined feasible. It has been noted above that the British refused to
recognize the States as separate dominions and informed them that they would not
be in a position to carry on any further obligations which the Paramountcy
underlined. The States were to take a decision in respect of accession before 15
August 1947, the day fixed for the transfer of power.
Inside Kashmir, the prospect of the British withdrawn
appears to have left no impression on the mind of the Maharaja. The maharaja
fondled with the hope of carving out an independent kingdom for himself and as
the transfer of power became imminent; he sought to poise himself on the new
political balances, which were beginning to take shape as a result of the
British withdrawal.
There is little doubt that Maharaja Hari Singh and the
men, who surrounded him, failed to realize the significance of the stupendous
changes, which the transfer of power involved. Most of them, devoid of any
political foresight, could not visualize the effect, the dissolution of the
British colonial organization in India, was bound to have on the princely order
in India. Hari Singh found it difficult to believe that the British would
abandon the Princes even if they left India. To that extent the British officers
in India and the Political Department of the Government of India, spared no
efforts to assure the Maharaja. The Prime Minister of the State, Ramchander Kak
followed his master with servile loyalty and though adequate evidence is not
available to assess his role during those critical days, it can safely be said
that he actively supported the Maharaja, a course which ultimately proved
disastrous for both. In fact, the Maharaja and his Prime Minister, tried in
their own way, to put the small weight they had, on the side of the Paramountcy,
realizing little that their policies would actually fling them into the
oblivion.
The coterie of the court Brandies was opposed to the
adoption of a politically sound policy. The zest, with which they had isolated
the Dogras from the national mainstream for the fear that the transfer of power
at national level would deprive them of their privileges, had completely blinded
them. With thoughtless resignation they applaud the obstinacy the State
Government demonstrated.
The Maharaja did not appreciate that his estates
running over long stretches of mountainous territory inhabited by less than four
million people and with resources barely sufficient to sustain them, could not
be organized into a viable independent political unity. The State, after it was
constituted in 1846, had survived under the protection of the British
Paramountcy. Effective instruments of control did not exist and the borders of
the State stretched along the tactical frontiers of some of the most powerful
nations in Asia. Major General H.L. Scott, English official, who commanded the
armies of the State, had under his command a few battalions of food, troops to
man the borders of the State. Scott was a glamorous old man with much glittering
steel in his deep eyes, but after all, the state could not be defended against
foreign aggression by dramatics. Scott was under no illusions himself and he
apprised the Maharaja of the inadequate military strength, the State had, to
meet any threat from across the borders of the State. Scott, however, favored an
understanding with Pakistan and believed that if such an understanding was not
reached with that country the borders of the State would continue to be unsafe.
He was summarily dismissed. In his place, a Dogra military official, Brigadier
Rajender Singh was put in charge of the State army.
The Muslim Conference leaders exhorted the Maharaja to
assume independence and pledged the support of the Muslim Conference to an
independent State. The president of the Muslim Conference, Chowdhry Hamidullah
assured the Maharaja of the "support and cooperation of the Muslims,
forming an eighty percent majority in the State, as represented by their
authoritarian organization Muslim Conference". He promised Hari Singh that
the Muslim subjects of the State would acclaim him as the first constitutional
king of a "democratic and independent Kashmir".
The Congress leaders pleaded with the Maharaja to join
the Indian Dominion. Conscious of the difficult position the State Government
was placed in, they advised the Maharaja to release the National Conference
leaders, which in view of the predominance of the Muslims in the population of
the State, was the only factor, he could depend upon in case he decided to
accede to India. Towards the close of June, Gandhi announced that he would go to
Kashmir. Nehru immediately offered to go to Kashmir-before Gandhi did.
Mountbatten, apprehensive of how Gandhi would advise Hari Singh, forestalled
both Gandhi and Nehru arrived in Srinagar on 29 June 1947. Mountbatten had
several meetings with Maharaja Hari Singh and told the Maharaja that
independence of the State was not a "feasible proposition". However,
he conveyed to the Maharaja that in view of the Muslim majority of the
population of the State and its geographical conditions, accession to India
would not be in the interests of the Maharaja. Hari Singh was shocked because he
had seen what Pakistan had wrought in the Punjab and thousands of Hindus and
Sighs who had escaped from death had taken refuge in his State. Accession to
Pakistan was the last act he was prepared to accomplish. He refused to open his
mind to the Viceroy when the latter wanted to know what the Maharaja had decided
about his future. He sought a meeting with the Maharaja the day he returned to
the Indian capital, the Maharaja feigned illness and expressed his inability to
talk to the Viceory. Moutbatten left the State high and dry.
In July, Patel wrote to Ramchander Kak, advising him to
reconsider the policies the State Government had adopted and suggested to him ho
come to terms with the National Conference and then take a decision to join
India without any further delay. Patel wrote to Kak:
Do you think Sheikh Abdullah should continue to remain
in jail? I am asking this question purely in the interests of the State. You
know my attitude all along and my sympathy towards the State. I am once again
advising you as a friend of the State to reconsider the matter without any
delay.
Kak attended the meetings of the Negotiating Committee
and Patel tried to persuade him to abandon the hard line the State Government
had taken. Patel wrote to the Maharaja as well and almost implored him to join
the Indian Dominion without any vacillation. He wrote to Hari Singh:
I fully appreciate the difficult and delicate situation
in which your State has been placed, but as a sincere friend and well wisher of
the State, I wish to assure you that the interest of Kashmir lies I joining the
Indian Union and its Constituent Assembly without any delay. Its past history
and traditions demand it and all India look up to you and expects you to take
that decision. Eighty percent of India is on this side. The States that have
cast their lot with the Constituent Assembly have been convinced that their
safety lies in together standing with India. Patel, perhaps unaware of what had
transpired between the Viceroy and the Maharaja, expressed his disappointment
about the inability of the Maharaja to have met the Viceroy before he left
Kashmir. He wrote:
I was greatly disappointed when His Excellency the
Viceroy return without having a full and frank discussion with you on that
fateful Sunday, when you had given an appointment which could not be kept
because of your sudden attack of colic pain. He had invited you to be his guest
at Delhi and in that also he was disappointed. I had hopes that we would meet
here, but I was greatly disappointed when His Excellency told me that you did
not avail of the invitation.
Hari Singh found an ally in the Nizam of Hyderabad, who
for almost different reasons sought to secure independence for his State. Hari
Singh presumed that Pakistan would support him because that would forestall any
action India took in Hyderabad. Pakistan was frantically trying to wean
Hyderabad from India and to achieve that Pakistan could not take a stand on
Kashmir, which conflicted with their interests in Hyderabad. Hari Singh, also
aware of the discomfiture India faced on account of Hyderabad, believed that the
Indian leaders would not force him to take any action which would effect the
future of Hyderabad.
Gandhi visited Kashmir in the last week of July. He met
Hari Singh on the Gupkar Palace lawns in Srinagar. On 10 August 1947, Hari Singh
dismissed Ram Chander Kak and appointed General Janak Singh, one of his close
relations, the Prime Minister of the State. Two days later, the State Government
offered to enter into a standstill agreements with both India and Pakistan. The
agreement with Pakistan was concluded on 15 August 1947, but India neither
accepted the standstill agreement nor rejected it and instead instructed the
State Government to send a properly accredited representative to the Indian
Capital to discuss the implications of the Agreement.
The standstill agreement between the State and Pakistan
was short lived. In early September 1947, Pakistan organized massive
infiltration of its agents into Mirpur and Poonch district, which were
contiguous to West Punjab and predominantly Muslim. Both the districts flared up
in revolt against the Dogras. Meanwhile, Pakistan imposed an embargo on the
transit of supplies to the State and sealed off the two communication lines,
which ran into Pakistan and linked the State with the outside world.
For sometime the State Government remonstrated with the
Government of Pakistan but without any results. While Pakistan continued to
build pressure on the State, the State Government withdrew the warrants against
the National Conference leaders and cadres. The Acting President Conference,
Bakshi Ghulam Mohammad directed 'Quit Kashmir', who had escaped arrest in May
1946, and who had directed the movement from outside the State reached Jammu on
6 September and arrived in Kashmir on 12 September, 1947. On 27 September,
Sheikh Mohammad Abdullah was released from jail. This was followed by the
release of the other National Conference leaders and cadres.
The National Conference leaders set out quickly to
revive the organizational units of the Conference, which lay in ruins. The
impact of the partition and propaganda war which Pakistan had unleashed against
the National Conference and the movement for Indian unity, the Conference had
led, was deep and wide. The Muslims in the Jammu province clamored for accession
to Pakistan and most of them established clandestine contact with the Pakistani
infiltrators. The Kashmiri speaking Muslims, committed to support the National
Conference, looked up to Sheikh Mohammad Abdullah and the other National
Conference leaders for a decision on the accession issue. The Conference leaders
avoided to commit themselves on the issue of accession, though they secretly
conveyed to the Government of India that they had decided to support the
accession of the State to India.
Dwarka Nath Kachru, the Secretary General of the All
India States Peoples' Conference, who attended a high level meeting of the top
leaders of the National Conference in Srinagar, wrote to Nchru on 4 September
1947:
The position here can be summarized thus:
- Sheikh Sahib and his close associates have decided
for the Indian Union.
- But this decision has not been announced yet and
the impression is being given that so far the National Conference has
taken no decision.
- The leaders of the National Conference are in jail
and only Sheikh Sahib has been released so far.
- The stand taken by Sheikh Sahib is that the
political prisoners must be released and the Working Committee and the
General Council must be allowed to meet to consider the problem and to
place their decision before the people.
- Meanwhile Sheikh Sahib is delivering speeches to
educate public opinion and to prepare the people for what seems to be the
inevitable decision of the National Conference. Sheikh Mohammed Abdullah
and the other Conference leaders demanded the transfer of power to them in
order that they were able to fight communalism and carry Muslims with
them. Kachru wrote to Nehru: Sheikh Sahib feels that unless there is a
transfer of power to a substantial degree the National Conference may find
itself in a difficult position. To fight the League, to maintain law and
order inside the State and to carry the masses with them, it is highly
essential that a settlement with the National Conference should be brought
about simultaneously with the accession of the State to the Union.
- Alternative to the National Conference is
undiluted Muslim communalism of the most militant type and the National
Conference urges that it be taken into confidence and is closely
associated with the government of the country.
The Government of India realized the necessity of the
transfer of power to the National Conference, which they knew could muster
support among the Muslims in Kashmir for the accession of the State to India.
Sardar Patel wrote to Meher Chand Mahajan, who had replaced General Janak Singh,
as the Prime Minister of the State:
I myself feel that the position, which Sheikh Abdullah
takes, is understandable and reasonable. In the mounting demands for the
introduction of responsible government in States, such as you have recently
witnessed in Travancore and Mysore, it is impossible for you to isolate
yourself. It is obvious that in your dealings with external dangers and internal
commotion with which you are faced, mere brute force is not enough. We, on our
part, have pledged to give you maximum support and we will do so. But I am
afraid, without some measure of popular backing, particularly from among the
community which represents such an overwhelming majority in Kashmir, it would be
difficult to make such support go to the farthest limit that is necessary if you
were to crush the disruptive forces which are being raised and organized. Nor do
I think it will be possible to maintain for long the exclusive or predominant
monopoly of any particular community in your security services. It is as
necessary for you to treat those who are willing to cooperate with trust and
confidence in respect of these services as in respect of others which are
generally termed nation building departments.
Patel's letter dispatched to Srinagar on 21 October
1947. Ironically enough, during the following night Pakistan launched a heavy
military offensive against the State and large contingent of armed invaders from
Pakistan led by its regular forces, entered the State along the borders of
Mirpur and Poonch districts in the Jammu province, and the district of
Muzaffarabad in Kashmir province. The Muslim troops of the Dogra army, deployed
with their Hindu compatriots almost all over the State borders which came under
attack, deserted, murdered their officers and comrade-in-arms and went over to
join the enemy. The remnants of the Dogra army, depleted and poorly equipped,
offered dogged resistance to the raiders, who rolled on, like an avalanche,
killing thousands of Hindus and Sikhs and destroying everything that fell in
their way. Brigadier Rajinder Singh, who commanded the State forces directed the
operations on the front in the Kashmir province and with an assortment of a few
hundred troops held back the invading hordes till he laid down his life in the
battle. Had it not been for the Brigadier and his gallant men, who earned a
moments reprieve for the Maharaja, the story of the State would have been
different.
Maharaja Hari Singh appealed to India for help and
offered the accession of the State to the Indian dominion. The Government of
India took long days to accept the accession of the State. On the morning of 27
October 1947, first contingents of airborne Indian troops landed in Srinagar.
The same day the Indian troops began to arrive in Jammu.
On 1 November 1947, the Gilgit Scouts, a local Muslim
militia raised by the British for the defenses of the Gilgit Agency revolted and
declared the accession of the Agency to Pakistan. Major Brown, a British
adventurer, who commanded the Scouts, hoisted the flag of Pakistan on the Agency
quarters. Within days Pakistani troops poured into Gilgit and with the Muslim
Scouts, swooped on Baltistan and Western Ladakh.
The Indian army pushed back the raiders and drove them
out of a large part of the territories of the State occupied by them. However,
with fresh reinforcement from Pakistan the raiders entrenched themselves in the
districts of Muzaffarabad, Mirpur and Poonch, the Gilgit Agency and its Dardic
dependencies and the greater part of Baltistan.
On 1 January 1948, the Indian Government appealed to
the United Nations to ask Pakistan to withdraw its forces from the State. After
prolonged silence, Pakistan presented to the Security Council, a long list of
counter complaints against India. The Security Council appointed a Commission to
conduct an on-the-spot investigation of complaint India had lodged and the
counter complaints Pakistan had made. Long and protracted mediation by the
Security Council, brought round the two countries to accept a cease-fire in the
State pending a final settlement of the dispute between them. Fighting was
suspended in the State on 1 January 1949. A large part of the territory of the
State remained under the occupation of Pakistan.
Interim Government
Immediately after the accession of the State, the
Indian leaders advised Hari Singh to associate the leaders of the National
Conference with the Government of the State. The National Conference leadership
had insistently asked for the transfer of power to the National Conference as a
step towards the realization of self-government in the State. On 30 October
1947, Hari Singh instituted an Emergency Administration in the State with Sheikh
Mohammad Abdullah as its Chief Emergency Administrator and Bakshi Ghulam
Mohammad the Deputy Chief Administrator. The other leaders of the National
Conference were appointed Emergency officers to deal with the situation, which
the invasion had created. A few of the Emergency Officers were appointed from
among men who were not in the National Conference.
The Maharaja presumed that the Emergency Administration
would function within the ambit of the authority his Council of Ministers
earmarked for it and in subordination to the establishment of the Maharaja. The
arrangement was bound to lead nowhere and deepen the sense of distrust between
the Maharaja and the Conference leadership. On the one hand the Conference
leaders were not vested with any purposeful initiative and on the other the
Maharaja's ministry was hardly in a position to function effectively. The powers
of the Emergency Administration were not defined nor was the orbit of its
authority specified. As a matter of fact, there was a great deal of confusion in
regard to its territorial jurisdiction. For a few days after the institution of
the Emergency Administration, the Prime Minister of the State carried the
impression that the Emergency Administration had been established to deal with
the situation in Kashmir province alone.
Looking back, it is difficult to locate the reasons for
which the Emergency Administration was instituted and the tasks it was expected
to accomplish. The Indian leaders always suffered from an incredible lack of
perspectives. Sheikh Mohammad Abdullah had insistently asked for the transfer of
power to the National Conference but the Indian leaders did not provide for a
settlement between the Maharaja and the National Conference in respect of the
transfer of any measure of authority to the Conference leaders. The Emergency
Administration, as it was constituted, was a shoddy structure, hardly equipped
with the power and prestige to face the crisis in the State. The invaders,
though on the retreat, were destroying everything that was still intact in the
areas occupied by them. Scarcity was acute, all supplies were suspended and
there was severe shortage of food grains, petrol and other articles of daily use
in the State. Streams of Hindu and Sikh refugees, who had escaped death, poured
into Srinagar and Jammu from the occupied areas. None of the factions of the
State Government, the Maharaja's Council of Ministers and the Emergency
Administration had the capacity to deal with such a situation on their own.
Whereas the Maharaja's Ministers stood by helplessly watching the events, the
Emergency officers, owing responsibility to none, abrogated unlimited authority
to them and undermined the already impaired administrative apparatus of the
State Government. The Conference complained loudly that the Maharaja was
reluctant to part with any substantial authority and the Maharaja and his
ministers protested that the Emergency Administration had usurped the authority,
which did not rightfully belong to it.
In November, the Government of India advised the
Maharaja to institute an Interim Government in the State with Sheikh Mohammad
Abdullah as its head and the Prime Minister, on the basis of the model adopted
in the Mysore. The Mysore model envisaged the formation of an Interim Government
constituted by the leader of the popular party in the State with himself as the
Prime Minister. The Mysore model reserved several subjects exclusively for the
Maharaja and these included the Ruler and the Ruling Family, succession, privy
purse and the prerogatives of the Ruler, State army, constitutional reunions
with India, the High Court and the appointment of the Judges, the Public Service
Commission, Auditor-General, the protection of the minorities, the Stare
legislature, elections, emergencies and all other residuary powers. The Mysore
model also provided for the appointment of the Maharaja Dewan as a member of the
Council of Ministers to function as a link between the Ministry and the
Maharaja. Unfolding the proposals Nehru wrote to Hari Singh:
We have agreed that the Interim Government should be on
the model of Mysore. In Mysore the leader of the popular party was asked to
choose his colleagues, he himself being the Prime Minister or the Chief
Minister. The Dewan was also one of the Ministers and he presided over the
meetings of the Cabinet. In following this precedent, Sheikh Abdullah should be
the Prime Minister and should be asked to form the Government. Mr. Mahajan can
be one of the Ministers and can formally preside over the Cabinet. But it would
introduce confusion if Mr. Mahajan continues to be styled as Prime Minister. The
Interim Government, when formed, should be in full charge and you will be the
Constitutional head of that Government.
The Conference leaders did not approve of the Mysore
model. They rather demanded transfer of powers to the Conference without any
reservations. The Conference leaders refused to accept the appointment of the
Maharaja's Dewan to the Council of Ministers and his interposition between the
Maharaja and the popular ministry and demanded the removal of Mehar Chand
Mahajan from his office. Mahajan was appointed the Prime Minister of the State
during the stormy days when Pakistan was preparing to annex the State. The
Conference leaders further demanded the institution of a Constituent Assembly in
the State, which would frame a Constitution for the Government of the State.
Not long after Nehru's communication was sent to the
Maharaja, fresh proposals in regard to the formation of the Interim Government
were sent to him by Gopalaswami Ayangar, a minister in the Indian Government,
who had appeared on the scene to negotiate a settlement between the Maharaja and
the Conference leadership. Ayanagar was, at no stage, associated with the
national movement in India or the Indian States but had served Hari Singh as his
Prime Minister from 1937 to 1943, during the hey day of the British rule in
India. He suggested to Hari Singh that while the broad frame within which the
Interim Government would be constituted, would follow the Mysore scheme, certain
modifications and adjustments were necessary to be made in the scheme to adapt
it to the situation in the State and accommodate the objections raised by the
National Conference leadership. He proposed that:
- An Interim Government constituted of a Council of
Ministers would be set up in the State;
- Sheikh Mohammad Abdullah would be appointed the
Prime Minister of the State and the other ministers would be appointed on
his advice;
- The provisions of the Mysore model to include a
Dewan in the Council of Ministers would not be followed;
- The Maharaja would not be reserved any powers but
would be empowered to place restrictions on the function of the Council of
Ministers by special direction in respect of certain matters of
administration;
- The Interim Government would be responsible to the
Maharaja.
Maharaja Hari Singh conveyed his inability to accept the
Ayangar scheme and insisted upon strict adherence to the Mysore model. He drew
up fresh proposals for the institution of an Interim Government in the State,
which reserved to him, powers in respect of his throne and family,
constitutional relations between the State and the Union, High
Court, Public Service Commission, State army, Audit, protection of
the minorities, elections to the State Legislature, breakdown of
constitutional machinery and residuary powers. Maharaja's scheme
further envisaged the appointment of his Dewan to the Council of
Ministers, which would be presided by him and the revival of the
erstwhile State Assembly, the Praja Sabha, after fresh elections and
its conversion into a Constituent Assembly.
The Maharaja's scheme was not approved by
the Conference leaders. Ayangar made a few minor modifications in
his plan and agreed to reconsider the reservation of certain
subjects for the exclusive control of the Ruler. The wrangle was
finally resolved and the Interim Government was instituted by a
proclamation, which the Maharaja made on 5 March 1948.
Sheikh Mohammad Abdullah was appointed the
Prime Minister of the State. The other members of the Council of
Ministers were appointed from among the other leaders of the
National Conference. Bakshi Ghulam Mohammad was appointed the Deputy
Prime Minister of the state. All the powers of the State Government,
except those related to the Ruler, his family and his property,
privy purse, succession, Jagirs, Private Officers and the religious
endowment of the Dharmarth were vested with the Council of
Ministers. The Council was to function on the principle of joint
responsibility. The Council was also charged with the responsibility
to convene a Constituent Assembly, which would be elected on the
basis of universal adult franchise and would draw up a Constitution
for the government of the State.
After the institution of the Interim
Government, the National Conference set out to assume control over
the entire government of the State, showing scant regard to the
powers reserved for the Maharaja. Hari Singh, unable to influence
the course of events, closed himself in his palace in Jammu. "I
have written", Patel wrote to Nehru, several letters to Sheikh
Sahib about casing tension and improving relations but I regret to
say that I have had no reply. From all accounts it appears that the
arrangements regarding reserved and non-reserved subjects to which
Sheikh Sahib had agreed in March last are being treated as a nullity
and the presence of the Maharaja and the existence of the reserved
subjects are both being ignored." Neither Nehru, nor Patel, nor
for that matter Gopalaswamy Ayangar attempted to remove the
difference between the Maharaja and the Interim Government.
"The Government of India had adopted a policy of wild
commitment followed by half-hearted decisions and this had neither
served the Maharaja nor carried the National Conference any
further."
Towards the summer, the National Conference
changed its strategy and informed the Government of India that Hard
Singh should be advised to abdicate and the powers, which he still
exercised, should be transferred to the Interim Government. "I
am therefore constrained to aver once again", Sheikh Mohammad
Abdullah wrote to the Prime Minister, "that the choice is
finally between the Maharaja and the people and if the choice is not
soon made, it might lead us into very serious trouble both
militarily and politically. The only alternative", Sheikh
Mohammad Abdullah added, "is that his highness should abdicate
in favor of his son and that there should be no reservation
whatsoever, in the administration of various subjects under the
Ministers".
In September, Sheiikh Mohammad Abdullah
publicly accused the Maharaja of obstructing the function of Interim
Government. In a press conference, in Srinagar, the Conference
leader criticized the existing constitutional arrangements in the
State and demanded the removal of the Maharaja. The Press conference
evoked a sharp rejoinder from the Home Ministry. Sheikh Mohammad
Abdullah struck back harder and threatened to quit office, if The
Maharaja was not removed and the power office government transferred
to the Interim Government.
This was the time when the Government of
India was under heavy pressure in the Security Council, which had
foisted upon it a resolution envisaging the demilitarization of the
State and the plebiscite to determine its final disposition with
regard to accession. Realising that the National Conference alone
could muster support for India amongst the Muslims, the Indian
leaders were hardly in a position to displease the Conference
leaders. A decision, in which Sardar Patel concurred, was finally
taken to advise the Maharaja to leave the state and appoint his son,
Karan Singh, the Regent of the State.
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