Documents 101 through 125

Documents 101 through 125

Legal Documents 101-125

Telegram from Provincial National Conference Committee Jammu to the Viceroy and Maharaja of Kashmir

Legal Document No 101

The solution of the Kashmir problem is a test for the honesty of the British Government. The people of the State deserve the same status as the people of British India deserve. Our State is at present confronted with a most critical situation. None but Sheikh Abdullah and his comrades can face this situation. Their immediate release is very essential. The present ministry consists mostly of the enemies of the people. This ministry is keeping the leaders behind the prison bars by way of mischief. The idea of Azad Kashmir is ridiculous. The wisest course is to join the Indian Union under the leadership of Sheikh Abdullah.

Statement of Sheikh Mohammad Abdullah before the Sessions Court, Srinagar

Legal Document No 102


I am not interested in a personal defence, and I would not have undertaken it if I had not felt that my trial for 'sedition' is something far more than a personal charge against me. It is, in effect, a trial of entire population of Jammu and Kashmir, even though some of them, being content with their transient personal interests or out of fear, may not be prepared to recognise or openly declare this.

Oppressed by the extreme poverty and lack of freedom and opportunity of the people of Jammu and Kashmir State, I and my colleagues of the Jammu and Kashmir National Conference, many of whom are behind prison bars or in exile today, have humbly sought to serve them during the past sixteen years. We have endeavored to give faithful expression to the growing consciousness among the people of their imprescriptable rights, aspirations and desire for freedom. This has attracted the penal and preventive provisions of law. Where law is not based on the will of the people, it can lend itself to the suppression of their aspirations. Such law has no more validity even though it may be enforced for a while. There is a law higher than that, the law that represents the people's will and secures their well-being, and their is the tribunal of human conscience, which judges the rulers and the ruled alike by standards which do not change by the arbitrary will of the most powerful. To that law I gladly submit and that tribunal I shall face with confidence and without fear, leaving it to history and posterity to pronounce their verdict on the claims I and my colleagues have made not merely on behalf of the four million people of Jammu and Kashmir but also of the ninety-tl1ree million people of all the States of India. That claim has not been conned to the people of a particular race, or religion or colour. It applies to all, for I hold that humanity as a whole is Divisible by such barriers and human rights must always prevail. The fundamental rights of all men and women to live and act as free beings, to make laws and fashion their political, social and economic fabric, so that they may advance the cause of human freedom and progress, are inherent and cam1ot be denied though they may be suppressed for a while. I hold that sovereignty resides in the people, all relationships political, social and economic, derive authority from the collective will of the people..

It was clear that the old treaties with the States had to go. They represented something that had no relation to the modern world or to the India of today. They could not be reconciled with the inevitable changes in India and in the Sates. If this was clear to begin with, it become an accepted fact by the statement issued by Cabinet Delegation of 16th May last. That statement declared that paramountcy would end when the new constitution of free India came into being. It was an inevitable consequence that the old treaties and sanads and other engagements would go the way of paramountcy and the British Government being out of the picture, a new relationship would have to be negotiated between what is now known as British India and the States. The demand for the abrogation of the Amritsar Treaty was, in effect, disposed of by this clear decision. The future constitutional set-up-in the State of Jammu and Kashmir cannot derive authority from the old source of relationship, which was expiring and was bound to end soon. That set-up could only rest on the active will of the people of the State, conferring on the Head of the State the title and authority drawn from the true and abiding source of sovereignty, that is the people. The "Quit Kashmir" cry symbolised and gave concrete shape to this demand for the termination of a system of Government: which was in process of dissolution all over India. The cry had nothing personal about it....

Some allegations have been made that "Quit Kashmir" and the demand for the abrogation of the Treaty of Amritsar had communal or communist inspiration. This is a travesty of fact and I deny and repudiate these allegations. The National Conference is essentially a national organisation including in its fold all people who agree with its objective, and co-operating with the All-India States People's Conference, with which it is affiliated. It stands in the All-India context for the independence and freedom of India. It stands also for social and economic changes to end privilege and to raise the masses.

Resolution: Congress Working Committee on Kashmir

Legal Document No 104

The Congress Working Committee has decided to send a deputation to Kashmir to inquire into the political conditions prevailing here. This interference into the domestic politics of Kashmir is a positive proof of the fact that the Congress leaders still cherish the dream of turning Kashmir into an anti-Pakistan base. The Working Committee has complained that the Kashmir Government has not dealt with the recent affairs in a friendly manner. The people of Jammu and Kashmir are fully aware of the fact that the Congress has no genuine sympathy for them. The tears they are shedding for Kashmiris are those of crocodile. Behind the smoke screen of the alleged atrocities of the Kashmir Government, the Hindu capitalists want to get the State into their grip, but they should note that all their efforts in this respect are bound to fail.

We do not say that Kashmir Government should ban the entry of any deputation to Kashmir, but I warn that if it gets terrified at the might of the Congress and strikes an unholy alliance with the National Conference fascists, it will have to face the terrific opposition of the Muslims. And this sinister alliance will be smashed to pieces.

I trust that the Kashmir Government would, in the interest of peace, boldly face the Congress onslaught. The Congress has obviously taken into its head to enslave whole of Muslim India. I can say it without any fear of contradiction that the sending of a delegation to Kashmir is a part of the sinister game.

The Muslims of Kashmir have warded off Pt. Nehru's invasion in 1940, 1945 and 1946. Now he is again out to make a fresh attempt and it is the duty of the Kashmir Muslims particularly and all the well wishers of the country generally to smash-up this onslaught.

Statement of Mir Waiz Moulvi Yousuf Shah on Congress Working Committee Resolution

Legal Document No 104

The Congress Working Committee has decided to send a deputation to Kashmir to inquire into the political conditions prevailing here. This interference into the domestic politics of Kashmir is a positive proof of the fact that the Congress leaders still cherish the dream of turning Kashmir into an anti-Pakistan base. The Working Committee has complained that the Kashmir Government has not dealt with the recent affairs in a friendly manner. The people of Jammu and Kashmir are fully aware of the fact that the Congress has no genuine sympathy for them. The tears they are shedding for Kashmiris are those of crocodile. Behind the smoke screen of the alleged atrocities of the Kashmir Government, the Hindu capitalists want to get the State into their grip, but they should note that all their efforts in this respect are bound to fail.

We do not say that Kashmir Government should ban the entry of any deputation to Kashmir, but I warn that if it gets terrified at the might of the Congress and strikes an unholy alliance with the National Conference fascists, it will have to face the terrific opposition of the Muslims. And this sinister alliance will be smashed to pieces.

I trust that the Kashmir Government would, in the interest of peace, boldly face the Congress onslaught. The Congress has obviously taken into its head to enslave whole of Muslim India. I can say it without any fear of contradiction that the sending of a delegation to Kashmir is a part of the sinister game.

The Muslims of Kashmir have warded off Pt. Nehru's invasion in 1940, 1945 and 1946. Now he is again out to make a fresh attempt and it is the duty of the Kashmir Muslims particularly and all the well wishers of the country generally to smash-up this onslaught.

Press Statement: Chowdhry Hamidullah Khan President Jammu and Kashmir Muslim Conference

Legal Document No 105


The British Paramountcy of the States has come to an end. It has been transferred to the people. No solution has so far been found out for conceding the demands of various communities living in India. If Kashmir has to keep itself aloof from carnage and bloodshed, it should lose no time in adopting a strong and bold policy. His Highness the Maharaja Bahadur should declare Kashmir independent immediately. A separate constituent assembly to frame the constitution for the state according to the wishes of the people, should be established at once. His Highness the Maharaja Bahadur will receive the cooperation of Muslims in carrying out this policy. The Muslims form 80% of the population. They are represented by the Muslim Conference. The Muslims will welcome the Maharaja Bahadur as the first constitutional ruler of independent and democratic Kashmir.

Statement of Acharya Kriplani, Congress President at Mujahid Manzil, Srinagar

Legal Document No 106


You should not worry if I fail in my Kashmir mission. You can lead a prosperous life, if your Maharaja is happy. I had a desire to see the Maharaja Bahadur also but unfortunately he has stayed at Jammu. I hope I shall get the privilege of seeing the Maharaja Bhadur. I have not come here to persuade the State to participate in the Constituent Assembly. We are always prepared to give you all possible help, whenever you require it. We shall sacrifice our lives for you. You should strengthen your organisation and pay your attention towards mutual cooperation. I appeal to the people to save the State from communal disharmony and disturbances at any cost. You should help one another irrespective of caste and creed. The Government will try to sow seeds of communal troubles in the State through its agents. But you should purge your organisation of such elements so that your State may remain immune from communal disturbances.

Resolution Congress Working Committee on States

Legal Document No 107

The Committee does not agree with the theory of paramountcy as enunciated and interpreted by the British Government; but even if that is accepted the consequences that flow from the lapse of paramountcy are limited in extent. The privileges and obligations as well as the subsisting rights as between the States and the Government of India cannot be adversely affected by the lapse of paramountcy. These rights and obligations have to be considered separately and renewed or changed by mutual agreement. The relationship between the Government of India and the States would not be exhausted by lapse of paramountcy. The lapse does not lead to the independence of the States.

Resolution Kisan Mazdoor Conference

Legal Document No 108

( Extract )

The most important national problem facing the people of Jammu and Kashmir at the present moment is whether the State should accede to India or to Pakistan. The future of the country depends on the solution of this problem. If it is solved in a right way the four million State people can live peacefully and comfortably in future; they will then also make sound progress. Otherwise the State shall have to face civil war and ruin. Five months ago meetings of the Working Committee and the General Council of the Kisan Mazdoor Conference were held at Achhabal on 6th and 7th April. A resolution was adopted in these meetings advising the Maharaja of Kashmir that after establishing friendly relations with both the Congress and the Muslim League he should declare the independence of the State and that simultaneously he should introduce complete responsible Government in the country. Things have moved with lightening rapidity during past five months. On 3rd June the British Government announce a plan of India's independence which has been accepted by both the Congress and the Muslim League. According to the plan the subcontinent has been partitioned on the very day of independence. Today the two dominions of India and Pakistan are in existence. The basic principle which guided the partition of the country according to 3rd June plan was that all the provinces and districts where Hindus are in majority have been included in the Indian Union and all those regions where Muslims are is a majority have been put together to form Pakistan. The provinces of the Punjab and Bengal have been divided into two parts each under the operation of the same principle. The district of Sylhet in Assam has also been included in the province of East Pakistan according to it.

British statesmen and the Indian politicians particularly the Congress leaders have advised the native rulers that they should join either of the two dominions and should in no case remain independent. Lord Mountbatten in his capacity as Viceroy made an important pronouncement that while deciding to accede to either dominion the Princes should take into consideration the geographical position of their respective States, that is, tile right decision for a State will be to accede to the dominion which is adjacent to it.

The Working Committee of the Kisan Mazdoor Conference has fully and carefully considered the developments of the last five months. It has also consulted the majority of the members of the General Council of the Conference. The Committee is of the opinion that there is now no alternative before the State but to join Pakistan. If she does not do so, the country and its people shall have to face immense trials and tribulations.

Hundreds of the States have already acceded to either the Indian Union or Pakistan in accordance with the principle on the basis of which the subcontinent was partioioned. At present only two of the States...Kashmir and Hyderabad...remain which have taken no decision yet. Recent developments show that these two states also cannot remain aloof for a long time and soon they shall have to decide about their future.

The overwhelming majority of Kashmir's population is Muslim. The State is contiguous with Pakistan territories. All the three big highways and all the rivers of the State go into Pakistan. For these reasons the Working Committee is of the opinion that the State should cede to Pakistan. This alone will be the natural and the right course to adopt. The state cannot remain independent; nor can it, owing to its overwhelming Muslim population and being adjacent to the Pakistan territories, accede to India. The Working Committee hold the view that the majority of the population desire to accede to Pakistan and the welfare of the 39 Lakhs of peasants and workers also lies in this.

The Working Committee appeals to all the people of the State in general, to whatever section, caste or creed they belong, and the working classes in particular that they should unanimously request the Maharaja to declare the State's accession to Pakistan.

If the Maharaja entertains any doubts about the obvious public opinion that the State should accede to Pakistan then he should order a referendum in which all adults should have the right to vote on the issue whether the State should accede to India or to Pakistan.

The Working Committee hopes that the people from all parts of the State will support this democratic method of solution so that peace is maintained and the country can progress.

Resolution of Kashmir Socialist Party

Legal Document No 109

( Extract )

The Kashmir Socialist party has given their best and closest consideration to the question whether the State of Jammu and Kashmir should accede to India or to Pakistan or it should remain independent. The Party is of the opinion that in view of the developments during the last few months the natural and the best course for the State to adopt would be to join Pakistan and not India. For obvious and substantial reasons the Party believes that the State cannot remain independent. After mature consideration the Party has arrived at the decision that in the best interests of the poor and backward people accession to Pakistan is desirable. The Party impresses upon the Maharaja that without any further unnecessary delay he should make an announcement accordingly.

Kashmir-Pak Standstill Aggrement. Telegram from Prime Minister, Kashmir State, to Sardar Abdur Rob Nishtor, States Relations Department, Karachi

Legal Document No 110

Jammu and Kashmir Government would welcome Standstill Agreements with Pakistan on all matters on which these exist at present moment with outgoing British Indian Government. It is suggested that existing arrangements should continue pending settlement of details and formal execution of fresh agreement.

Telegram from Foreign Secretary, Government of Pakistan, Karachi, to Prime Minister of Jammu and Kashmir Srinagar

Legal Document No 111

Your telegram of the 12th. The Government of Pakistan agree to have a Standstill Agreement of Jammu and Kashmir for the continuance of the existing arrangements pending settlement of details and formal execution of fresh agreements.

Maharaja's Accession offer to India

Legal Document No 112

Text of letter dated October 26, 1947 from Sri Hari Singh, the Maharaja of Jammu and Kashmir to Lord Mountbatten the Governor-General of India.

My dear Lord Mountbatten,

I have to inform your Excellency that a grave emergency has arisen in my State and request immediate assistance of your Government.

As your Excellency is aware the State of Jammu and Kashmir has not acceded to the Dominion of India or to Pakistan. Geographically my State is contiguous to both the Dominions. It has vital economical end cultural links with both of them. Besides my State has a common boundary with the Soviet Republic and China. In their external relations and Dominion of India and Pakistan cannot ignore this fact.

I wanted to take time to decide to which Dominion I should accede, or whether it is not in the best interests of both the Dominions and my State to stand independent, of course with friendly and cordial relations with both.

I accordingly approached the Dominions of India and Pakistan to enter into Standstill Agreement with my State. The Pakistan Government accepted this Agreement. The Dominion of India desired further discussions with representatives of my Government. l could not arrange this in view of the developments indicated below. In fact the Pakistan Government are operating Post and Telegraph system inside the State.

Though we have got a Standstill Agreement with the Pakistan Government permitted steady and increasing strangulation of supplies like food, salt and petrol to my State.

Afridis, soldiers in plain clothes, and desperadoes with modern weapons have been allowed to infliter into the State at first in Poonch and then in Sialkot and finally in mass area adjoining Hazara District on the Ramkot side. The result has been that the limited number of troops at the disposal of the State had to be dispersed and thus had to face the enemy at the several points simultaneously, that it has become difficult to stop the wanton destruction of life and property and looting. The Mohara power-house which supplies the electric current to the whole of Srinagar has been burnt. The number of women who have been kidnapped and raped and makes my heart bleed. The wild forces thus let loose on the State are marching on with the aim of capturing Srinagar, the summer Capital of my Government, as first step to over running the whole State.

The mass infiltration tribesman drawn from the distant areas of the North-West Frontier coming regularly in motor trucks using Mansehra-Muzaffarabad Road and fully armed with up-to-date weapons cannot possibly be done without the knowing of the Provincial Government of the North-West Frontier Province and the Government of Pakistan. In spite of repeated requests made by my Government no attempt has been made to check these raiders or stop them from coming to my State. The Pakistan Radio even put out a story that a Provisional Government has been set up in Kashmir. The people of my State both the Muslims generally have taken no part at all.

With the conditions obtaining at present in my State and to great emergency of the situation as it exists, I hay" no option but to ask for help from the Indian Dominion. Naturally they cannot send the help asked for by me without my State acceding to the Domination of India. I have accordingly decided to do so and I attach the Instrument of Accession for; acceptance by your Government. The other alternative is to leave my State and my people to fee-booters. On this basis no civilized Government can exist or be maintained. The alternative I will never allow to happen as long as I am Ruler of the State and I have life to defend my country.

I may also inform your Excellency's Government that it is my intention at once to set up an interim Government and ask Shaikh Abdullah to carry the responsibilities in this emergency with my Prime Minister.

If my State has to be saved immediate assistance must be available at Srinagar. Mr. Menon is fully aware of the situation and he will explain to you, if further explanation is needed.

In haste and with kindest regards.

Yours Sincerely
Hari Singh
The Palace, Jammu
26th October, 1947.

Instrument of Accession of Jammu and Kashmir State

Legal Document No 113

Whereas the Indian Independence Act, 1947, provides that as from the fifteenth day of August, 1947, there shall be set up an independent Dominion known as INDIA, and that the Government of India Act 1935, shall with such omissions, additions, adaptations and modifications as the Governor General may by order specify, be applicable to the Dominion of India. 

And whereas the Government of India Act, 1935, as so adapted by the Governor General, provides that an Indian State may accede to the Dominion of India by an Instrument of Accession executed by the Ruler thereof. 

Now, therefore, I Shriman Inder Mahinder Rajrajeswar Maharajadhiraj Shri Hari Singhji, Jammu & Kashmir Naresh Tatha Tibbet adi Deshadhipati, Ruler of Jammu & Kashmir State, in the exercise of my Sovereignty in and over my said State do hereby execute this my Instrument of Accession and 

  1. I hereby declare that I accede to the Dominion of India with the intent that the Governor General of India, the Dominion Legislature, the Federal Court and any other Dominion authority established for the purposes of the Dominion shall by virtue of this my Instrument of Accession but subject always to the terms thereof, and for the purposes only of the Dominion, exercise in relation to the State of Jammu & Kashmir (hereinafter referred to as "this State") such functions as may be vested in them by or under the Government of India Act, 1935, as in force in the Dominion of India, on the 15th day of August 1947, (which Act as so in force is hereafter referred to as "the Act'). 

  2. I hereby assume the obligation of ensuring that due effect is given to provisions of the Act within this State so far as they are applicable therein by virtue of this my Instrument of Accession. 

  3. I accept the matters specified in the schedule hereto as the matters with respect to which the Dominion Legislature may make law for this State. 

  4. I hereby declare that I accede to the Dominion of India on the assurance that if an agreement is made between the Governor General and the Ruler of this State whereby any functions in relation to the administration in this State of any law of the Dominion Legislature shall be exercised by the Ruler of the State, then any such agreement shall be construed and have effect accordingly. 

  5. The terms of this my Instrument of Accession shall not be varied by any amendment of the Act or the Indian Independence Act, 1947, unless such amendment is accepted by me by Instrument supplementary to this Instrument. 

  6. Nothing in this Instrument shall empower the Dominion Legislature to make any law for this State authorizing the compulsory acquisition of land for any purpose, but I hereby undertake that should the Dominion for the purpose of a Dominion law which applies in this State deem it necessary to acquire any land, I will at their request acquire the land at their expense, or, if the land belongs to me transfer it to them on such terms as may be agreed or, in default of agreement, determined by an arbitrator to be appointed by the Chief Justice of India. 

  7. Nothing in this Instrument shall be deemed to commit in any way to acceptance of any future constitution of India or to fetter my discretion to enter into agreement with the Government of India under any such future constitution. 

  8. Nothing in this Instrument affects the continuance of my Sovereignty in and over this State, or, save as provided by or under this Instrument, the exercise of any powers, authority and rights now enjoyed by me as Ruler of this State or the validity of any law at present in force in this State. 

  9. I hereby declare that I execute this Instrument on behalf of this State and that any reference in this Instrument to me or to the Ruler of the State is to be construed as including a reference to my heirs and successors. 

Given under my hand this 26th day of October, nineteen hundred and forty seven. 

Hari Singh  
Maharajadhiraj of Jammu and Kashmir State. 

Acceptance of Instrument of Accession of Jammu and Kashmir State

Legal Document No 114

I do hereby accept this Instrument of Accession. Dated this twenty seventh day of October, nineteen hundred and forty seven. 

Mountbatten of Burma 

Governor General of India.

Reply from Lord Mountbatten to Maharajah Sir Hari Singh

Legal Document No 115

My dear Maharajah Sahib,

Your Highness's letter, dated the 26th Octobers has been delivered to me by Mr. V.P. Menon. In the special circumstances mentioned by Your Highness, my Government have decided to accept the accession of Kashmir State to the Dominion of India. Consistently with their policy that. in the case of any State where the issue of accession has been the subject of dispute, the question of accession should be decided in accordance with the wishes of the people of the State, it is my Government's wish that, as soon as law and order have been restored in Kashmir and her soil cleared of the invader, the question of the State's accession should be settled by a reference to the people. Meanwhile, in response to your Highness's appeal for military aid, action has been taken today to send troops of the Indian Army to Kashmir to help your own forces to defend your territory and to protect the lives, property and honour of your people.

My Government and I note with satisfaction that your Highness has decided to invite Sheikh Abdullah to form an Interim Government to work with your Prime Minister.

Yours sincerely,

(Sd/-) Mountbatten of Burma

Chief Secretariat (General Department). Emergency Administration Order No. 176-H of 1947

Legal Document No 116

We are hereby pleased to command that pending the formation of the Interim Government as agreed upon and in view of the emergency that has arisen I charge Sheikh Mohammad Abdullah to function as the Head of the Administration with power to deal with the emergency.

Sheikh Mohammad Abdullah be sworn in by the Chief Justice or any other Judge of the High Court at Srinagar.

(Sd/-) Hari Singh,

Emergency Council

Legal Document No 117

  1. The Hon'ble Sheikh Mohammad Abdullah, Head of Emergency Administration.
  2. The Hon'ble Bakshi Ghulam Mohammad, Deputy Head of Administration.
  3. The Hon'ble Mirza Mohd. Afzal Beg, Emergency Officer, Anantnag District.
  4. The Hon'ble G.M. Sadiq, Emergency Officer, Internal Security, Home Guards, Cultural Front.
  5. The Hon'ble Sham Lal Saraf, Emergency Officer, Trader and Supplies.
  6. The Hon'ble Girdhari Lal Dogra, Emergency Officer, Kathua.
  7. The Hon'ble Sardar Budh Singh, Emergency Officer,(Goodwill Mission to Jammu).
  8. The Hon'ble Pt. Jia Lal Kilam, Emergency Officer, Food.
  9. Maulana Mohd. Syed, Emergency Officer, Publicity.
  10. Kh Gu]am Moni-ud-din, Emergency Officer, Communications.
  11. Kh. Abdul Ahad, Emergeney Officer. (Firewood, Fuel).
  12. Soofi Mohd. Akbar, Emergency Officer, Baramulla.
  13. Peer Mohd. Maqbool, Emergency Officer, Muzaffarabad.
  14. Pt. Kashapa Bandhu, Emergency Officer, Refugees & Rehabilitation.
  15. Mr. Mohi-ud-Din Hamdani, Emergency Officer, Peace Brigade.
  16. Mr. D.P. Dhar, Secretary, Internal Security & Law and Order.
  17. Mr. J.N. Zutshi, Private Secretary to the Head of Administration and Secretary to the Emergency Council.
  18. Kh. Ahsan Ullah, Emergency Officer, Transport.
  19. Mr. Mohd. Amin, Emergency Officer, Banihal.
  20. Col. Ram Lal, Emergency Officer, Home Guards.
  21. Col. Baldev Singh Pathania, Chief Emergency Officer, Jammu.
  22. Col. Adalat Khan, Chief Administrative Officer, Bhadarwah.
  23. Col. Baldev Singh Samval, Emergency Officer, Border Scouts, Jammu.

Proclamation of Shreeman Indar Mohinder Rairajeshwar Maharajadhiraj Shree Harisingh Ruler of Jammu and Kashmir and Dependencies

Legal Document No 118

In accordance with the traditions of my dynasty I have, from time to time, provided for increasing association of my people with the administration of the State with the object of realising the goal of full Responsible Government at as early a date as possible and in pursuance of that object have, by the Jammu and Kashmir Constitution Act of 1996 (xiv of 1996) established a Constitutional Government with a Council of Ministers, a Legislature with a majority of elected members and an independent Judiciary;

I have noted with gratification and pride the progress so far made and the legitimate desire of my people for the immediate establishment of a fully democratic constitution based on adult franchise with a hereditary Ruler from my dynasty as the Constitutional Head of an Executive responsible to the legislature;

I have already appointed the popular leader of my people Sheikh Mohammad Abdullah as the Head of the Emergency Administration;

It is now my desire to replace the Emergency Administration by a Popular Interim Government and to provide for its powers, duties and functions, pending the formation of a fully democratic Constitution.


  1. My Council of Ministers shall consist of the Prime Minister and such other Ministers as may be appointed on the advice of the Prime Minister. I have by Royal Warrant appointed Sheikh Mohammad Abdullah as the Prime Minister with effect from today.
  2. The Prime Minister and other Ministers shall function as a Cabinet and act on the principle of joint responsibility. A Dewan appointed by me shall also be a member of the Cabinet.
  3. I take this opportunity of giving once again a solemn assurance that all sections of my people will have opportunities of service, both civil and military, solely on the basis of their merits and irrespective of creed or community.
  4. My Council of Ministers shall take appropriate steps, as soon as restoration of normal conditions has been completed, to convene a National Assembly based upon adult suffrage, having due regard to the principle that the number of representatives from each voting area should, as far as practicable, be proportionate to the population of that area.
  5. The Constitution to be framed by the National Assembly shall provide adequate safeguards for the minorities and contain appropriate provisions guaranteeing for the freedom of conscience, freedom of speech and freedom of assembly.
  6. The National Assembly shall, as soon as the work of framing the new constitution is completed, submit it through the Council of Ministers for my acceptance.
  7. In conclusion I repeat the hope that the formation of a popular Interim Government and the inauguration, in the near future, of a fully Democratic Constitution will ensure the contentment, happiness and the moral and material advancement of my beloved people.

Proclamation Government Gazette

Legal Document No 119

Whereas I have decided for reasons of health to leave the State for a temporary period and to entrust to the Yuvaraj Shree Karan Singh Ji Bahadur for that period all my powers and functions in regard to the Government of the State;

Now, therefore, I hereby direct and declare the all powers and functions, whether legislative, executive or judicial which are exercisable by me in relation to the State and its Government, including in particular my right and prerogative of making Laws, of issuing Proclamations, Orders and Ordinances, of remitting, commuting or reducing sentences and of pardoning offenders, shall during the period of my absence from the State be exercisable by Yuvaraj Shree Karan Singh Ji Bahadur.

Sd/- Hari Singh  

Resolution National Conference

Legal Document No 120

This meeting of the General Council of the All Jammu and Kashmir National Conference views with great concern the repeated failure of the U.N. to redress the wrongs of aggression of which the people of the State continue to be victims. This failure in its opinion is due to the continued concessions given to Pakistan by placing a premium on her intransigence.

The indecision and unrealistic procedure adopted so far has condemned the people of the State to a life of agonizing uncertainty. The All Jammu and Kashmir National Conference is gravely concerned and cannot any longer afford to ignore the perpetuation of these conditions of doubt and frustration. In the opinion of the General Council, time has come when the initiative must be regained by the people to put an end to this indeterminate State of drift and indecision.

The General Council recommends to the Supreme National Executive of the people to take immediate steps for convening a Constituent Assembly based upon adult suffrage and embracing all sections of the people and all the Constituents of the State for the purpose of determining the future shape and affiliations of the State of Jammu and Kashmir. In this sovereign Assembly embodying the supreme will of the people of the State, we shall give ourselves and our children a constitution worthy of the traditions of our freedom struggle and in accordance with the principles of New Kashmir.

Text of the Proclamation issued by the Head of the Jammu and Kashmir State

Legal Document No 121

Whereas it is the general desire of tile 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 terms of the proclamation of the Mal1araja dated 5 March, 1948 in regard to the convening of a n Tonal assembly as contained hi clauses 4 to 6 of the operative part thereof do not meet the requirements of the present situation;

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

  1. 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;
  2. For the purpose 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;
  3. 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, is not less than twenty-one years of age on tile first day of March, has been a resident in the constituency for such period as may 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;
  4. The vote at the election shall tee direct and by secret ballot;
  5. The Constituent Assembly shall have power to act notwithstanding any vacancy of the Membership thereof;
  6. 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.

Speech Of the Hon'ble Sheikh Mohammed Abdullah in the Constituent Assembly

Legal Document No 122

Sheikh Abdullah 
Sheikh Abdullah


We must remember that our struggle for power has now reached its successful climax in convening of this Constituent Assembly. It is for you to translate the vision of New Kashmir into a reality, and I would remind you of its opening words, which will inspire our labors: 

Sheikh Abdullah addressing a gathering. 
Sheikh Abdullah addressing a gathering.

"We the people of Jammu & Kashmir, Ladakh and the Frontier regions, including Poonch and Chenani Illaqas commonly known as Jammu and Kashmir State in order to perfect our union in the fullest equality and self-determination to raise ourselves and our children forever from the abyss of oppression and poverty, degradation and superstition, from medieval darkness and ignorance, into the sunlit valleys of plenty, ruled by freedom, science and honest toil, in worthy participation of the historic resurgence of the peoples of East, and the working masses of the world, and in determination to make this our country a dazzling gem on the snowy bosom of Asia, to propose and propound the following constitution of our State.' 

This was passed at the 1944 session of the National Conference in Srinagar. Today, in 1951, embodying aspirations, men and women from the four corners of the state in this Constituent Assembly have become the repository of its sovereign authority. This Assembly, invested with the authority of a constituent body, will be the fountain-head of basic laws laying the foundation of a just social order and safeguarding the democratic rights of all the citizens of the State. 

You are the sovereign authority in this State of Jammu and Kashmir; what you decide has the irrevocable force of law. The basic democratic principle of sovereignty of the nation embodied ably in the American and French Constitutions, is once again given shape in our midst. I shall quote the famous words of Article 3 of the French Constitution of 1791: 

"The source of all sovereignty resides fundamentally in the nation...Sovereignty is one and indivisible, inalienable and imprescriptable. It belongs to the nation." 

We should be clear about the responsibilities that this power invests us with. In front of us lie decisions of the highest national importance which we shall be called upon to take. Upon the correctness of our decisions depends not only the happiness of our land and people now, but the fate as well of generations to come. 

What then are the main functions that this Assembly will be called upon to perform? 

One great task before this Assembly will be to devise a Constitution for the future governance of the country. Constitution-making is a difficult and detailed matter. I shall only refer to some of the broad aspects of the Constitution, which should be the product of the labors of this Assembly. 

Another issue of vital import to the nation involves the future of the Royal Dynasty. Our decision will have to be taken both with urgency and wisdom, for on that decision rests the future form and character of the State. 

The Third major issue awaiting your deliberations arises out of the Land Reforms which the Government carried out with vigor and determination. Our "Land to the tiller" policy brought light into the dark homes of the peasantry; but, side by side, it has given rise to the problem of the landowners demand for compensation. The nation being the ultimate custodian of all wealth and resources, the representatives of the nation are truly the best jury for giving a just and final verdict on such claims. So in your hands lies the power of this decision. 

Finally, this Assembly will after full consideration of the three alternatives that I shall state later, declare its reasoned conclusion regarding accession. This will help us to canalize our energies resolutely and with greater zeal in directions in which we have already started moving for the social and economic advancement of our country. 

To take our first task, that of Constitution-making, we shall naturally be guided by the highest principles of the democratic constitutions of the world. We shall base our work on the principles of equality, liberty and social justice which are an integral feature of all progressive constitutions. The rule of law as understood in the democratic countries of the world should be the cornerstone of our political structure. Equality before the law and the independence of the judiciary from the influence of the Executive are vital to us. The freedom of the individual in the matter of speech, movement and association should be guaranteed: freedom of the press and of opinion should also be features of our Constitution. I need not refer in great detail to all those rights and obligations, already embodied in New Kashmir, which are Integral parts of democracy which has been defined as 'an apparatus of social organization wherein people govern through their chosen representatives and are themselves guaranteed political and civil liberties". 

You are no doubt aware of the scope of our present constitutional ties with India. We are proud to have our bonds with India, the goodwill of those people and government is available to us in unstinted and abundant measure. The Constitution of India has provided for a federal union and in the distribution of sovereign powers has treated us differently from other constituent units. With the exception of the items grouped under Defense Foreign Affairs and Communications in the instrument of Accession , we have complete freedom to frame our Constitution in the manner we like. In order to live and prosper as good partners in a common endeavor for the advancement of our peoples, I would advise that, while safeguarding our autonomy to the fullest extent so as to enable us to have the liberty to build our country according to the best traditions and genius of our people, we may also by suitable constitutional arrangements with the Union establish our right to seek and compel Federal cooperation and assistance in this great task, as well as offer our fullest cooperation and assistance to the Union. 

Whereas it would be easy for you to devise a document calculated to create a frame work of law and order, as also a survey of the duties and rights of citizens. It will need more arduous labor to take concrete decisions with regard to the manner in which we propose to bring about the rapid economic development of the State and more equitable distribution of our national income among the people to which we are pledged. Our National Conference avows its faith in the principal that there is one thing common to men of all castes and creeds, and that is their humanity. That being so, the one ailment which is ruthlessly sapping the vitality of human beings in Jammu & Kashmir is their appalling poverty, and if, we merely safeguard their political freedom in solemn terms, it will not affect their lives materially unless it guarantees them economic and social justice. New Kashmir contains a statement of the objectives of bur social policy. It gives broadly a picture of the kind of life that we hope to make possible for the people of Jammu & Kashmir and the manner in which the economic organization of the country will be geared to that purpose. These ideals you will have to integrate with the political structure which you will devise. 

The future political set-up which you decide upon for Jammu & Kashmir must also take into consideration the existence of various sub-national groups in our State. Although culturally diverse history has forged an uncommon unity between them; they all are pulsating with the same hopes and aspirations, sharing in each others joys and sorrows . While guaranteeing this basic unity of the State, our constitution must not permit the concentration of power and privilege in the hands of any particular group or territorial region. It must afford the fullest possibilities to each of these groups to grow and flourish in conformity with their cultural characteristics without detriment to the integral unity of the State or the requirements of our social and economic policies. 

Now let us take up an issue of basic importance which involves the fundamental character of the State itself. As an instrument of the will of a self-determining people who now become sovereign in their own right, the Constituent Assembly will now re-examine and decide upon the future of the present ruling dynasty, in respect of its authority. 

It is clear that this dynasty can no longer exercise authority on the basis of an old discredited Treaty. During my trial for sedition in the "Quit Kashmir'' movement, I had clarified the attitude of my party when I said: 

"The future constitutional set-up in the State of Jammu & Kashmir cannot derive authority from the old source of relationship which was expiring and was bound to end soon. The set-up could only rest on the active will of the people of the State, conferring on the head of the State the title and authority drawn from the true and abiding source of sovereignty, that is the people." 

On this occasion, in 1946, I had also indicated the basis on which an individual could be entrusted by the people with the symbolic authority of a Constitutional Head: 

"The State and its Head represent the constitutional circumference and the center of this sovereignty respectively, the Head of the State being the symbol of the authority with which the people may invest him for the realization of their aspirations and the maintenance of their rights". 

In consonance with these principles, and in supreme fulfillment of the people's aspirations, it follows that a Constitutional Head of the State will have to be chosen to exercise the function which this Assembly may chose to entrust to him. 

So far as my Party is concerned, we are convinced that the institution of monarchy is incompatible with the spirit and needs of modern times which demand an egalitarian relationship between one citizen and another. The supreme test of a democracy is the measure of equality of opportunity that it affords to its citizens to rise to the highest point of authority and position. In consequence monarchies are fast disappearing from the world picture, as something in the nature of feudal anachronisms. In India, too, where before the partition, six hundred and odd Princes exercised rights and privileges of rulership, the process of democratization has been taken up and at present hardly ten of them exercise the limited authority of constitutional heads of States. 

After the attainment of complete power by the people, it would have been an appropriate gesture of good will to recognize Maharaja Hari Singh as the first constitutional Head of the State. But I must say with regret that he has completely forfeited the confidence of every section of the people. His in capacity to adjust himself to changed conditions and his antiquated views on vital problems constitute positive disqualifications for him to hold the high office of a democratic Head of the State. Moreover, his past actions as a ruler have proved that he is not capable of conducting himself with dignity, responsibility and impartiality. The people still remember with pain and regret his failure to stand by them in times of crisis, and his incapacity to afford protection to a section of his people in Jammu. 

Finally we come to the issue which has made Kashmir an object of world interest, and has brought her before the forum of the United Nations. This simple issue has become so involved that people have begun to ask themselves after three and a half years of tense expectancy. "Is there any solution ?" Our answer is in the affirmative. Everything hinges round the genuineness of the will to find a solution. If we face the issue straight, the solution is simple. 

The problem may be posed in this way. Firstly, was Pakistan's action in invading Kashmir in 1947 morally and legally correct, judged by any norm of international behavior ? Sir Owen Dixon's verdict on this issue is perfectly plain. In unambiguous terms he declared Pakistan an aggressor. Secondly, was the Maharajah's accession to India legally valid or not ? The legality of the accession has not been seriously questioned by any responsible or independent person or authority. 

These two answers are obviously correct. Then where is the justification of treating India and Pakistan at par in matters pertaining to Kashmir ? In fact, the force of logic dictates the conclusion that the aggressor should withdraw his armed forces, and the United Nations should see that Pakistan gets out of the State. 

In that event, India herself, anxious to give the people of the State a chance to express their will freely, would willingly cooperate with any sound plan of demilitarization. They would withdraw their forces, only garrisoning enough posts to ensure against any repetition of that earlier treacherous attack from Pakistan. 

These two steps would have gone a long way to bring about a new atmosphere in the State. The rehabilitation of displaced people, and the restoration of stable civic conditions would have allowed people to express their will and take the ultimate decision. 

We as a Government are keen to let our people decide the future of our land in accordance with their own wishes. If these three preliminary processes were accomplished, we should be happy to have the assistance of international observes to ensure fair play and the requisite conditions for a free choice by the people. 

Instead invader and defender have been put on the same plane. Under various garbs, attempts have been made to sidetrack the main issue. Sometimes against all our ideals of life and way of living attempts divide our territories have been made in the form of separation of our state religion-wise, with ultimate plans of further disrupting territorial integrity. Once an offer was made to police our country with Commonwealth forces, which threatens to bring in Imperial control by the back door. Besides the repugnance which our people have however, to the idea of bringing foreign troops on their soil, the very presence of Commonwealth troops could have created suspicions among our neighbors that we were allowing ourselves to be used as a base of possible future aggression against them. This could easily have made us into a second Korea. 

The Cabinet Mission Plan has provided for three courses which may be followed by the Indian States when determining future affiliations. A State can either accede to India or accede to Pakistan, but failing to do either, it still can claim the right to remain independent. These three alternatives are naturally open to our State. While the intention of the British Government was to secure The privileges of the Princes, the representatives of the people must have the primary consideration of promoting the greatest good of the common people. Whatever steps they take must contribute to the growth of a democratic social order wherein all invidious distinctions between groups and creeds are absent. Judged by this supreme considerations, what are the advantages and disadvantages of our State's accession to either India or Pakistan or of having and independent Status. 

As a realist I am conscious that nothing is all black or all white, and there are many facts to each of the propositions before us. I shall first speak on the merits and demerits of the State's accession to India. In the final analysis, as I understand it, it is the kinship of ideals which determines the strength of ties between two States. The Indian National Congress has consistently supported the cause of the State's peoples' freedom. The autocratic rule of the Princes has been done away with and representative government have been entrusted with the administration. Steps towards democratization have been taken and these have raised the people's standard of living, brought about much-needed social reconstruction, and above all built up their very independence of spirit. Naturally, if we accede to India there is no danger of a revival of feudalism and autocracy. Moreover, during the last four years the Government of India has never tried to interfere in our internal autonomy this experience has strengthened our confidence in them as a democratic State. 

The real character of a State is revealed in its Constitution. The Indian Constitution has set before the country the goal of secular democracy based upon justice, freedom and equality for all without distinction. This is the bedrock of modern democracy. This should meet the argument that the Muslims of Kashmir cannot have security in India, where the large majority of the population are Hindus. Any unnatural cleavage between religious groups is the legacy of Imperialism, and no modern State can afford to encourage artificial division if it is to achieve progress and prosperity. The Indian Constitution has amply and finally repudiated the concept of a religious State, which is a throw back to medievalism, by guaranteeing the equality of rights of all citizens irrespective of their religion, color caste and class. 

The national movement in our State naturally gravitates towards these principles of secular democracy. The people here will never accept a principle which seeks to favor the interests of one religion or social group against another. This affinity in political principles, as well as in past association, and our common path of suffering in the cause of freedom, must be weighed properly while deciding the future of the State. 

We are also intimately concerned with the economic well-being of the people of this State. As I said before while referring to constitution-building, political ideals are often meaningless unless linked with economic plans. As a State, we are concerned mainly with agriculture and trade. As you know, and I have detailed before, we have been able to put through our "land to the tiller" legislation and make of it a practical success. Land and all it means is an inestimable blessing to our peasants who have dragged along in servitude to the landlord and his allies for centuries without number. We have been able under present conditions to carry these reforms through, are we sure that in alliance with landlord-ridden Pakistan, with so many feudal privileges intact, that the economic reforms of ours will be tolerated. We have already heard that news of our Land Reforms has traveled to the peasants of the enemy-occupied area of our State, who vainly desire like status, and like benefits. In the second place, our economic welfare is bound up with our arts and crafts. The traditional markets for these precious goods for which we are justly known all over the world, have been centered in India. The volume of our trade, in spite of the dislocation of the last few years, shows this. Industry is also highly important to us. Potentially we are rich in minerals, and in the raw materials of industry; we need help to develop our resources. India, being more highly industrialized than Pakistan, can give us equipment, technical services and materials. She can help us too in marketing. Many goods also which it would not be practical for us to produce here for instance sugar, cotton, cloth, and other essential commodities, can be got by us in large quantities from India. It is around the efficient supply of such basic necessities that the standard of the man in-the-street depends. 

I shall refer now to the alleged disadvantages of accession to India. 

To begin with, although the land frontiers of India and Kashmir are contiguous, an all-weather road-link as dependable as the one we have with Pakistan does not exist. This must necessarily hamper trade and commerce to some extent particularly during the snowy winter months. But we have studied this question, and, with improvements in modern engineering, if the State wishes to remain with India the establishment of an all-weather stable system of communication is both feasible and easy. Similarly, the use of the State rivers as a means of timber transport is impossible if we turn to India, except in Jammu where the river Chenab still carries logs to the plains. In reply to this argument, it may be pointed out that accession to India will open up possibilities of utilizing our forest wealth for industrial purposes and that, instead of lumber, finished goods, which will provide work for our carpenters and laborers, can be exported to India where there is a ready market for them. Indeed in the presence of our fleets of timber carrying trucks, river-transport is a crude system which inflicts a loss of some 20% to 35%, in transit. 

Still another factor has to be taken into consideration. Certain tendencies have been asserting themselves in India which may in the future convert it into a religious State wherein the interests of Muslims will be jeopardized. This would happen if a communal organization had a dominant hand in the Government, and Congress ideals of the equality of all communities were made to give way to religious intolerance. The continued accession of Kashmir to India should, however, help in defeating this tendency. From my experience of the last four years, it is my considered judgment that the presence of Kashmir in the Union of India has been the major factor in establishing relations between the Hindus and Muslims of India. Gandhiji was not wrong when he uttered words before his death which paraphrase, "I lift up mine eyes into the hills, from whence cometh my help." 

As I have said before, we must consider the question of accession with all open mind, and not let our personal prejudices stand in the way of a balanced judgment. I will now invite you to evaluate the alternative of accession to Pakistan. 

The most powerful argument which can be advanced in her favor is that Pakistan is a Muslim State, and, big majority of our people being Muslims the State must accede to Pakistan. This claim of being a Muslim State is of course only a camouflage. It is a screen to dupe the common man, so that he may not see clearly that Pakistan is a feudal State in which a clique is trying by these methods to maintain itself in power. In addition to this, the appeal to religion constitutes a sentimental and a wrong approach to the question. Sentiment has its own place in life but often it leads to irrational action. Some argue, as supposedly natural corollary to this, that on our acceding to Pakistan our annihilation or survival depends. Facts have disproved this, right-thinking men would point out that Pakistan is not an organic unity of all the Muslims in this sub- continent. It has on the contrary, caused the dispersion of the Indian Muslims for whose benefit it was claimed to have been created. There are two Pakistans at least a thousand miles apart from each other. The total population of Western Pakistan which is contiguous to our State, is hardly 15 million. While the total number of Muslims, resident in India is as many as 40 million. As one Muslim is as good as another, the Kashmiri Muslims if they are worried by such considerations should choose the forty millions living in India. 

Looking at the matter too from a more modern political angle religious affinities alone do not and should not normally determine the political alliance of States. We do not find a Christian bloc, a Buddhist bloc, or even a Muslim bloc, about which there is so much talk nowadays in Pakistan. These days economic interests and a community of political ideals more appropriately influence the policies of States. 

We have another important factor to consider, if the State decides to make this the predominant consideration. What will be the fate of the one million non-Muslims now in our State ? As things stand at present, there is no place for them in Pakistan. Any solution which will result in the displacement or the total subjugation of such a large number of people will not be just or fair, and it is the responsibility of this House to ensure that the decision that it takes on accession does not militate against the interests of any religious group. 

As regards the economic advantages. I have mentioned before the road and river links with Pakistan. In the last analysis, we must however remember that we are not concerned only with the movement of people but also with the movement of goods and the linking up of markets. In Pakistan there is a chronic dearth of markets for our products. Neither, for that matter, can she help us with our industrialization, being herself industrially backward. 

On the debit side we have to take into account the reactionary character of her politics and State policies. In Pakistan we should remember that the lot of the States' subjects has not changed and they are still helpless and under the heel of their Rulers, who wield the same unbridled power under which we used to suffer here. This clearly runs counter to our own aspirations for freedom. 

Another big obstacle to a dispassionate evaluation of her policies is the lack of a constitution in Pakistan. As it stands at present, this State enjoys the unique position of being governed by a Constitution enacted by an outside Parliament which gives no idea whatsoever of the future shape of civic and social relations. It is reasonable to argue that Pakistan cannot have the confidence of a freedom-loving and democratic people when it has failed to guarantee even fundamental rights of its citizens. The right of self-determination for nationalities is being consistently denied and those who fought against Imperialism for this just right are being suppressed with force. We should remember Badshah Khan and his comrades who laid down their all for freedom, also Khan Abdus Samad Khan and other fighters, in Baluchistan. Our national movement in the State considers this right of self-determination inalienable, and no advantage, however great, will persuade our people to forego it. 

The third course open to us has still to be discussed. We have to consider the alternative of making ourselves an Eastern Switzerland, of keeping aloof from both States but having friendly relations with them. This might seem attractive in that it would appear to pave the way out of the present deadlock. To us as a tourist country it could also have certain obvious advantages, but in considering independence we must not ignore practical considerations. Firstly, it is not easy to protect sovereignty and independence in a small country which has not sufficient strength to defend itself on our long and difficult frontiers bordering so many countries. Secondly we must have the goodwill of all our neighbors. Can we find powerful guarantors among them to pull together always in assuring us freedom from aggression? I would like to remind you that from August 15 to October 22, 1947 our State was independent and the result was that our weakness was exploited by the neighbor with invasion. What is the guarantee that in future too we may not be victims of a singular aggression. 

I have now put the pros and cons of the three alternatives before you. It should not be difficult for men of discrimination and patriotism gathered in this Assembly to weigh all these in the scales of our national good and pronounce the well being of the country lies in the future. 

An Act further to amend the Jammu and Kashmir Constitution Act, 1996. Act No. XVII of 2008

Legal Document No 123

Whereas it is expedient further to amend the Jammu and Kashmir Constitution Act, 1996, with a view to bring it in accord with the spirit of Proclamations dated 5th March 1948, 20th June 1949 and 20th April 1951 and the changes brought about in the actual governance of the State, in the manner hereinafter appearing:

Now, therefore, in exercise of the powers reserved under Section 5 of the J&K Constitution Act, 1996, read with the Proclamation issued by His Highness and published in the Extraordinary issue of the Government Gazette, dated 7th Har 2006, Yuvaraj Shree Karan Singh ji Bahadur is pleased to enact as follows:

Short title and Commencement .... (1) This act may be called the Jammu and Kashmir Constitution (Amendment) Act, 2008. (2) It shall come into force at once,

Amendment of section 4, Act XIV of 1996. 2: In Section 4 of the Jammu and Kashmir Constitution Act 1996 (hereinafter referred to as the 'said act') for the words "except in so far as may be otherwise provided by or under this Act, or as may be otherwise directed by His Highness", the words "on the advice of the Council except in so far as may be otherwise provided by or under this Act and except in regard to those matters enumerated in List I in the Seventh Schedule to the Constitution of India with respect to which the Parliament of India has power to make law for the State" shall be substituted.

Omission of section 5, Act XIV of 1996. 3: Section 5 of the said Act shall be omitted.

Amendment of section 6, Act XIV of 1996.4: In section 6 of the said Act for the words and figures "Subject always to the provision of sections 4 and 5 subject also to such rules of business and allocation of portfolios and such other directions as to consultations with or reports to and confirmation by His Highness on special matters as His Highness may give from time to time by general or special orders in that behalf", the words "Subject to the Proivisions of this Act" shall be substituted.

Substitution of section 7, Act XIV of 1996. 5: For section 7 of the said Act, the following section shall be substituted, namely:

"Constitution of the Council-7. The Council shall consist the Prime Minister appointed by His Highness and such other Ministers of the State as His Highness may appoint on the advice of the Prime Minister. The Prime Minister and other Ministers shall be collectively responsible to the Legislative Assembly of the State. The Prime Minister shall be the President of the Council."

Amendment of section 9, Act XIV of 1996.6: In section 9 of the said Act, for the words "The Prime Minister may with the previous sanction of His Highness", the words "The Council may" shall be substituted.

Insertion of new sections 9-A and 9-B in Act XIV of 1996.7: After section 9 of the said Act, the following sections shall be inserted namely:

Appointment of Deputy Ministers - 9-A:

  1. His Highness may on the advice of the Prime Minister appoint Deputy Ministers to work in such Ministeries as the Council may consider necessary.
  2. The Deputy Ministers shall be selected from amongst the members of the Legislative Assembly.
  3. The Deputy Ministers before entering on the duties of the office shall take an oath of office before the Prime Minister in the form set out in Schedule I.
Salaries of Ministers and Deputy Ministers - 9-B:
  1. The salaries and allowances of Ministers shall be such as the Legislative Assembly may from time to time by Act determine and until the Legislative Assembly so determines, Ministers shall draw such salaries and allowances as they were drawing immediately before the commencement of the Legislative Assembly.
  2. The salaries and allowance of Deputy Ministers shall be such as may be determined by the Legislative Assembly from time to time and until the Legislative Assembly so determines, the salaries and allowances of Deputy Ministers shall be as set out in Schedule II.
  3. Amendment of section 10, Act XIV of 1996.8: After subsection (3) of section 10 of the said Act the following sub-section shall be added namely:
  4. The Council may make rules not inconsistent with this Act is regard to the duties of the Advocate General.
  1. Omission of section 12, Act XIV of 1996.9: Section 12 of the said Act shall be omitted.

Substitution of words "Legislative Assembly" for the words "Praja Sabha" in part III, Act XIV of 1996. 10. In Part III of the said Act, for the words "Praja Sabha" wherever they occur the words "Legislative Assembly" shall be substituted.

Substitution of section 13, Act XIV of 1996.11: For section 13 of the said Act, the following section shall be substituted namely:

"Legislature: 13

  1. The Legislature of the State shall consist of His Highness and a House to be known as the Legislative Assembly.
  2. Notwithstanding anything contained in this Act, the powers of the Legislative Assembly under this Act shall, until other provision is made by or in accordance with a law made by the Constituent Assembly set up under the Proclamation dated 20th April 1951, be exerciseable by the said Constituent Assembly and references in this Act to the Legislative Assembly shall be construed accordingly.
  3. The Legislative Assembly may make rules and standing orders, subject to the provisions of; this Act for regulating their procedure and conduct of their business.
  4. Until rules are made under sub-section (3), the rules of Procedure and standing orders in force in relation to the the Praja Sabha shall apply to the Legislative Assembly, subject to such modifications and adaptations as may be made therein by the Speaker of the Legislative Assembly."

Omission of section 14, Act XIV of 1996. 12: Section 14 of the said Act shall be omitted.

Substitution of section 15, Act XIV of 1996. 13: For section 15 of the said Act, the following section shall be substituted, namely:

"Summoning of the Legislative Assembly: 15

(a) summon the Legislative Assembly to meet at such time and place as he thinks fit;

  1. The Legislative Assembly shall be summoned to meet at least twice in a year and more than six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.
  2. Subject to the Provisions of this section, the Speaker of the Legislative Assembly may from time to time:

          (b) prorogue the Legislative Assembly."

Amendment of section 16, Act XIV of 1996. 14: In section 16 of the said Act.

(i) In clause (b) the words "or any other Minister" shall be omitted, and

(ii) In clause (c) for the words "the President" the word, "the Speaker" shall be substituted.

Amendment of section 17, Act XIV of 1996. 15: In section 17 of the said Act, for the words Flue President" the words "the Speaker" shall be substituted.

Substitution of section 19, Act XIV of 1996. 16: For section 19 of the said Act, the following section shall be substituted, namely:

"Speaker and Deputy Speaker: 19.

(1) The Legislative Assembly may choose two members of the Assembly to be respectively Speaker and Deputy Speaker thereof and so often as the office of the Speaker or Deputy Speaker becomes vacant, the Assembly may choose another member to be the Speaker or the Deputy Speaker, as the case may be.

Until the Legislative Assembly elects a Speaker and Deputy Speaker, as provided in sub-section( l ), the President of the Constituent Assembly shall act as Speaker and Deputy Speaker of the Legislative Assembly."

Amendment of section 20, Act XIV of 1966.17: In section 20 of the said Act:

          (i) sub-section (1) shall be omitted;

(ii) sub-section A shall be renumbered as sub-section (i) and in the sub-section as so renumbered.

(a) for the words 'Deputy President" the words "Deputy Speaker" and for the words "the President", wherever they occur, the words "the Speaker" shall be substituted, and

(b) the words "with the approval of the Council" shall be omitted; and

(iii) for sub-section (3) the following sub-section shall be substituted, namely:

"(2) During the temporary absence of else Speaker and the Deputy Speaker from a meeting of the

Legislative Assembly such person shall act a Speaker as may be determined by the Rules of Procedure of the Legislative Assembly or if no such person is present such other person as may be determined by the Assembly".

Amendment of section 21, Act XIV of 1996. 19: In section 2 of the said Act, for the words "Deputy President" the words "the Speaker or the Deputy Speaker" shall be substituted.

Substitution of section 22, Act XIV of 1996. 19: For section 22 of the said Act, the following section shall be substituted, namely:

"Parliamentary Secretaries-22.

(1) The Council may appoint from among the members of the Legislative Assembly as many Parliamentary Secretaries for such period and on such term and conditions as the Council may think fit.

(2) The Council may make rules not inconsistent with the provisions of this Act in regard to the duties of Parliamentary Secretaries".

Substitution of section 23, Act, XIV of 1996. 20: For section 23 of the said Act, the following section shall be substituted namely:

"Legislative power of the Legislative Assembly-23, Subject to the provisions of the Act the Legislative Assembly may make laws for the whole or any part of the State and for the State subjects, wherever they may be, except in regard to those matters enumerated in List I in the seventh Schedule to the Constitution of India with respect to which the Parliament of India has power to make laws for the State."

Omission of section 24, Act XIV of 1996. 21: Section 24 of the said Act shall be omitted.

Amendment of section 25, Act XIV of 1996. 22: In Section 25 of the said Act:

(i) in sub-section (l) for the word "President" the word "Speaker" shall be substituted, and

(ii) in sub-section (3) for the words "one fifth", wherever they occur, the words "one fourth" shall be substituted.

Omission of Section 26, 27, and 28, Act XIV of 1996. 23: Sections 26, 27 and 28 of the said Act shall be omitted.

Substitution of section 30, Act, XIV of 1996. 24: For Section 30 of the said Act, the following section shall be substituted, namely:

"Allowances and Salaries: 30. The Speaker, the Deputy Speaker and the members of the Legislative Assembly shall receive such salaries and allowances as may be determined by an act of the Legislative Assembly and until that Act is passed such salaries and allowances shall be as set out in Schedule III."

Amendment of section 31, Act XIV of 1996. 25: In sub-section (3) of section 31 of the said Act, for the words "In English" the words "both in Urdu and English shall be substituted.

Amendment of section 32, Act XIV of 1966. 26: in section 320f the said Act, Act, the proviso shall be omitted.

Substitution of section 38, Act XIV of 1996.28: For section 38 of the said Act, the following section shall be substituted, namely:

"Expenditure charged on the revenues of the State - 43

The following expenditure shall be the expenditure charged on the revenues of the State:

  1. Allowances of His Highness and other expenditure relating to his office;
  2. Debt charges for which the State is liable including interest, sinking fund charges and Redemption charges and other expenditure relating to the raising of loans and service redemption of debt;
  3. Salaries, allowances and pensions payable to or in respect of the Judges of the High Court and the Members of His Highness Board of Judicial Advisers;
  4. Expenditure relating to Constituent Assembly and its staff;
  5. Any sums required to satisfy and judgement decree or award of any court or arbitral tribunal:
  6. Any other expenditure declared by this Act or any Act of the Legislative Assembly to be so charged."

Amendment of section 45, Act XIV of 1996.32: In Section 45 of the said Act;

(i) at the end of sub-section (1) fullstop shall be deleted, . and the following words shall be added, namely: "but nothing in this sub-section shall be construed as preventing the discussion in the Legislative Assembly of any of these estimates."

(ii) Provisions to sub-section (2) shall be omitted.

Substitution of section 46, Act XIV of 1996.33: For section 46 of the said Act, the following section shall be substituted, namely:

"Supplementary Expenditure. - 46: If in respect of any financial year a further expenditure from the revenues of the State becomes necessary over and above the expenditure authorised for that year the Council shall have the power to author) se that expenditure. A statement of the Legislative Assembly along with the financial statement for the following year and the provisions of the preceding sections shall have effect in relation to that statement of the expenditure as they have in relation to the annual financial statement."

Amendment of section 48, Act XIV of 1966. 34: In sub-section (b) of section 48 of the said Act for the words' one or more Judges" the words "two or more other Judges" shall be substituted.

Amendment section 49, Act XIV of 1996.35: In section

49 of the said Act, for the figures "55" the word "Sixty" shall

be substituted and the first proviso shall be omitted.

Amendment of section 51, Act XIV of 1996. 36: In section 51 of the said Act for the words "British India" wherever they occur, the word "India" shall be substituted.

Substitution of section 72. Act XIV of 1996. 37: For section 72 of the said Act the following section shall be substituted, namely;

"Prerogative: - 72. Nothing in this Act shall derogate from the prerogative of His Highness to grant pardons reprieves, respites of remissions of punishment."

Amendment of section 75, Act XIV of 1996. 38: In section 75 of the said Act, the words "Subject to the provisions of Section 5" shall be omitted.

Omission of sections 77 and 78, Act XIV of 1996. 39 Sections 77 and 78 of the said Act shall be omitted.

Memorandum submitted by Shri Cheewang Rigzin, President Buddhist Association, Ladakh to the Prime Minister of India on behalf of the people of Ladakh

Legal Document No 124


On the eve of the grant of responsible Government to the people of Kashmir by the Maharaja, we the Buddhists of Ladakh and adjoining areas presented to him through our representatives in the Praja Sabha, a memorial, a copy of which was submitted to you for your information and consideration This memorial, which was prompted by our apprehensions for our future, based on our bitter experience of nearly a century and a quarter, embodied the following proposals:

  1. That he should govern us directly through legislative and administrative machinery, proposals for which would be submitted by us at his command.
  2. That our homeland amalgamated with the Hindu-majority parts of Jammu should form a separate province irewhich adequate safe-guards should be provided for our distinctive rights and interests.
  3. That we should be permitted to re-unite politically with Tibet of which land we form part and parcel for all purpose but political.
  4. That we should be permitted to join East Punjab.

Proposal (1) originated in our respect for the obligation we owed to the ruder in view of the relation which bound us to him from the day of the conquest of our land by his great grandfather.

Proposal (2) emanated from the fact that we desired to see nothing more of the administrators from Kashmir, who had mostly governed us during the past to our utter ruin, that our Cultural kinship with the Hindus encouraged us to expect a Sympathetic regard for our interests and an assured future in a Hindu-majority province, and finally that historical causes bound us to the people of Jammu and not to those of Kashmir, for it was the Jammu Dogras who conquered Ladakh for Maharaja Gulab Singh in 1834, while Kashmir came into his possession in 1846, twelve years latter.

All things considered, however, proposals No. 1 and 2 were concessions to treaty obligations imposed on us by the Dogra conquest while proposal No. 3 which would come into force on the failure of (1) and (2) was put forward because it is the only panacea for all our ills, the only guarantee for our future progress and development.

No. 4 was a proposal of despair, for though we are in and of Tibet, the political and economic system of that land-our racial and spiritual home-are too archaic, antiquated and unprogressive to suit us. We rather wish that India should exert her wholesome influence in the political and economic fields on her (Tibet) at the present day even as she shaped and moulded her spiritual and cultural life in ancient times.

The Maharajadhiraj has so far vouchsafed to us no reply and we have taken this silence of His Highness to imply the relinquishment by him of his position as a party in respect of proposals (1) and (2), a tacit recognition of our right to choose our path independent of him. We have given most anxious thought to this grave problem and after mature deliberation arrived at the decision that we should straightway merge with India.

That we have the right to determine our own future apart from other communities and people inhabiting the state and that we cannot be affected by the result of the forthcoming plebiscite in the evens of its being favourable to Pakistan is evident from the following facts:

  1. We are a separate nation by all the tests-race, language, religion, culture determining nationality. The only link connecting us with the other people of the State being the bond of common ruler. If the Indian National Congress could persuade itself to recognise: the Muslims of India as a separate nation although they had so much m common with the other elements of the Indian population, the Government of India should have no hesitation in recognition what is patent and Scout revertible fact in our case.
  2. Sheikh Mohammad Abdullah built up his case on the validity of the Treaty of Amritsar. This treaty bears upon the territory of Kashmir only so while the ruler has consented to the transfer of his sovereign power in favour of all his people, S. Mohammad Abdullah and the people of Kashmir can, through this transference manage the affairs of their country as they will. But they have not the power to appropriate against their will a people, a separate nation, whom a separate treaty the result of the war of 1834 twelve years anterior to the treaty of Amritsar-bound to the ruler in a special relationship, in which, the people of Kashmir, who came into the picture later, naturally, did not figure at all.
  3. The right of self-determination claimed by us cannot lie claimed with equal force by the people of Baltistan including Skardu the parts of Kargil tehsils predominantly peopled by Muslims, as they are connected by ties of religion with the majority community in Jammu and Kashmir, nor by tile people of Gilgit who came under Dogra rule through conquest after the annexation of Kashmir and whom not only identity of religion but of race as well binds to the majority community of Jammu and Kashmir. It may be added that at the time of the conquest of Ladakh by Zorawar Singh, the entire area comprised under the Tehsils of Leh and Kargil acknowledged the suzerainty of our Raja, while Baltistan had several Rajas of its own.

In case the result of the plebiscite is favourable to India, we simply go a step further than other people of the State in seeking a closer union with that great country and in case it is otherwise, our verdict stands clear and unchallengable. When we have decided to cut ourselves from the State itself, the question of our forming part of Pakistan cannot arise at all.

We have indeed made up our minds to join India; but what is our decision worth until India is prepared to accept it ? We certainly make the offer for our own advantage; we see in our merger with India the only hope of our salvation. But India, too, will not be loser by this arrangement. The Tehsil of Leh alone covers 23,000 Sq. miles and, if we add to it the other areas predominantly inhabited by Buodhs, viz. Zanskar Bodhkharbo, Mulbek, Fukar, Darcik Garcon, in Kargil Tehsil and Padar in Kishtwar, the total acquisition of territory to India not probably measure less than 33,000 Sq. miles. It is true that the whole of this area is undeveloped and most of it at present barren. But it must also be remembered that its economic potentialities are tremendous and in the hands of a great country like India it is bound to be transformed into a smiling garden and a source of immense wealth and power. Its strategic and commercial importance too cannot be underrated. The Tehsil of Leh has Tibet and China among its neighbours and the town of Leh is the nerve centre of Central Asian trade.

The British Indian Government took Gilgit on lease from the Maharaja for military reasons for no consideration in return. The Indian Government has already incurred an expense of crores of rupees for the protection of Kashmir, not to speak of the great sacrifice of military personnel which the process has involved. It is clearly impossible for Kashmir to liquidate this colossal debt which is daily growing in magnitude. Would this not be an additional reason for India to take over the Buddhist homelands hereby offered by the Buddhists themselves for its acceptance ? Though our right of self-determination stands intrinsically unassailable, we are willing to be considered as the instrument of redemption of the people of Kashmir, heretofore our fellow citizens, if that purpose can be automatically served by India's acceptance of our offer.

There is nothing in our offer which is in any way incompatible with the high idealism which characterises India's international policy. We might even say in positive terms that it is perfectly consistent with it, for has not India repeatedly declared that it stands for the right of self-determination for all nations and are we not a nation whose right of self-determination it should uphold and to whom it should extend the protection it seeks ?

Tibet is a cultural daughter of India and we of lesser Tibet seek the bosom of that gracious mother to receive more nutriment for growth to our full stature in every way. She has given us that we prize above all other things-our religion and culture and it is the experience of having been the recipients of such precious gift which encourages us to ask for more. The Asoka wheel on her flag-symbol of goodwill for all humanity and her concern for her cultural children calls us irresistibly. Will the great mother refuse to take to her arms one of her weakest and most forlorn and distressed children a child whom filial love impels to respond to the call ?

Sir, the absence of a reply to our previous references on the subject of our future has depressed us greatly. We beseech you with all earnestness to be so kind as to vouchsafe a line in reply to this our last prayer on the subject.

Before we close, we wish to make it clear that our desire to be absorbed into the body politic of India does not imply any reflection on the present National Government of Kashmir. Far from it, we have no hesitation to say that we have full confidence in the present Prime Minister, S. Mohammad Abdullah. The step we have taken has been dictated solely by the instinct of self-preservation which governs all men and nations alike, as also by the desire to find swiftly deliverance from the misery, squalor and stagnation in which we have been sunk for generations past.

Interim Report of the basic Principles Committee

Legal Document No 125

Third Session,

10th June, 1952.

While proceeding with the task assigned to it, the Basic Principles Committee has felt it imperative to seek a clear directive from the Constituent Assembly with regard to the basic character and shape of the future constitution of the Jammu and Kashmir State. In order to determine its broad framework it is essential to know whether it will be based on the total application of the principles of democracy or whether the existing system of constitutional monarchy should continue. This naturally involves an immediate consideration of the future status of the Ruling dynasty of the Jammu and Kashmir State and only a decision on this fundamental issue will enable the Committee to proceed further with the task of finalizing the principles of the draft constitution.

The Committee has carefully examined the nature of the title and claim of the Ruling Dynasty of the Jammu and Kashmir State, which it derived from the Treaty of 1846. The Committee has no doubt that the Treaty was the natural consequence of the British Imperial policy in the Indian subcontinent which perpetuated and intensified feudal and autocratic rule in certain territories of the sub-continent.

When the popular upsurge for independence compelled the British Government to withdraw from the sub-continent, the Paramountcy exercised by it over these States lapsed and it was obvious that the iniquitous relationships which the 'British Government had entered into with the Indian Princes -would automatically terminate. But the failure of the British Government to recognise a status of equality and independence

On par with status conferred upon the people of the Provinces ruled by it directed, created an anomalous situation. While in the rest of India' sovereignty was restored to the people, in the Indian states, it continued to be vested in an individual who was all along functioning under the protection and suzerainty of the British Government.

The people of our State, along with those of other Indian States, resisted this relationship which condemned them to bondage and feudal exploitation. Their resentment found expression in their organised struggles against this unjust and discriminatory treatment meted out to them. They sought repudiation of this ambiguous constitutional arrangement and demanded the right of self-determination for themselves, prompted by the same urges that had moved the people in other parts of India.

The outmoded and anachronistic character of the dynastic rule was brought to light sharply by the crisis with which the State was faced in 1947. The general feeling of resentment against this autocratic system had corroded it to such an extent as left no doubt in its futility and incompetence to render elementary functions of guaranteeing the security of life and property of the citizens in times of a severe crisis. It was, therefore, natural that this unpopular system should yield place to a representative form of Government; but the nature and magnitude of the emergency facing our State made it impossible to effect any drastic changes in the constitutional set up during these critical times. The peoples representatives while tackling the difficult task of administration under stress of abnormal condition had to function within the framework of the existing constitutional set up.

There was a major change in the situation when in March 1948, the Maharaja had to entrust the work of day to day administration to a popular Ministry but it was soon obvious that this arrangement could not work smoothly and stood in the way of progress and development. Consequently, the Maharaja who was conscious of his erstwhile power and privileges, incapable of any adjustment to the changed conditions, was forced to retire and was succeeded by Yuvaraj Karan Single, who assumed the functions of a constitutional Ruler acting on the advice and guidance of his Cabinet.

This was obviously an interim arrangement subject to examination and revision by a properly elected body of the people's representatives. Accordingly the Constituent Assembly came into being in October 1951, with sovereign powers.

The Basic Principles Committee feels that the time has come when a final decision should be taken in regard to the institu-unbounded respect, confidence and esteem of the people.

In view of these considerations the Committee feels that there must be a sense of finality about the decisions in regard to this fundamental issue. Accordingly, the Committee recommends that:

  1. the form of the future constitution of Jammu and Kashmir shall be wholly democratic;
  2. the institution of hereditary Rulership shall be terminated.
  3. the office of the Head of the State shall be elective.

          S.M. Abdullah.

G.M. Bakshi
M.A. Beg
G.L. Dogra
S.L. Saraf
D.P. Dhar
Piar Singh
Harbans Singh
Mubarik Shah
G.M. Hamdani
Mir Qasim
Bhagat Ram Sharma
Abdul Gani Goni
Ram Devi
Moti Ram Baigra
Ram Piara Saraf
Mir Assadullah

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