|INSTRUMENT OF ACCESSION
(Text of signed by Maharaja of the State of Jammu & Kashmir on
26th day of October 26, 1947, and its acceptance by Lord Mountbatten, the
Governor General of India, on October 27, 1947)
Whereas, the Indian Independence Act, 1947, provided 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 Indar Mahandar Rajrajeshwar Maharajadhiraj
Shri Hari Singhji, Jammu Kashmir Naresh Tatha Tibbet adi Deshadhipathi,
Ruler of Jammu and Kashmir State, in the exercise of my sovereignty in
and over my said State do hereby
execute this my Instrument of Accession and 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 J&K (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 in hereafter
referred to as "the Act").
I hereby assume the obligation of ensuring that due effect is given
to the provisions of the Act within this State so far as they are applicable
therein by virtue of this my Instrument of Accession.
I accept the matters specified in the Schedule hereto as the matters
with respect to, which the Dominion Legislature may make laws for this
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 this State, then any such agreement shall be deemed to form
part of this Instrument and shall be construed and have effect accordingly.
The terms of this my Instrument of Accession shall not be varied
by any amendment of the Act or of the Indian Independence Act, 1947, unless
such amendment of the Act or of the Indian Independence Act 1947, unless
such amendment is accepted by me by an Instrument supplementary to this
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 purposes 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.
Nothing in this Instrument shall be deemed to commit me in any way
to acceptance of any future constitution of India or to fetter my discretion
to enter into arrangements with the Government of India under any such
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.
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
Acceptance of Instrument of Accession of Jammu and Kashmir State
by the Governor General of India
I do hereby accept this Instrument of Accession.
Dated this Twenty-Seventh day of October Nineteen Hundred and Forty-Seven.
(Sd). Lord Mountbatten
Governor General of India