Instrument of Accession

INSTRUMENT OF ACCESSION
Instrument of Accession executed by Maharajah Hari Singh on October 26,

1947
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 ACCESSION 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.
Mountbatten of Burma
Governor General of India.
SCHEDULE OF INSTRUMENT OF ACCESSION
THE MATTERS WITH RESPECT TO WHICH THE DOMINION
LEGISLATURE MAY MAKE LAWS FOR THIS STATE
A. Defence
1. The naval, military and air forces of the Dominion and any other armed forces
raised or maintained by the Dominion; any armed forces, including forces raised or
maintained by an acceding State, which are attached to, or operating with, any of
the armed forces of the Dominion.
2. Naval, military and air force works, administration of cantonment areas.
3. Arms, fire-arms, ammunition.
4. Explosives.
B. External Affairs
1. External affairs; the implementing of treaties and agreements with other
countries; extradition, including the surrender of criminals and accused persons to
parts of His Majesty's Dominions outside India.
2. Admission into, and emigration and expulsion from, India, including in relation
thereto the regulation of the movements in India of persons who are not British
subjects domiciled in India or subjects of any acceding State; pilgrimages to places
beyond India.
3. Naturalisation.
C. Communications
1. Posts and telegraphs, including telephones, wireless, broadcasting, and other like
forms of communication.
2. Federal railways; the regulation of all railways other than minor railways in
respect of safety, maximum and minimum rates and fares, station and services
terminal charges, interchange of traffic and the responsibility of railway
administrations as carriers of goods and passengers; the regulation of minor
railways in respect of safety and the responsibility of the administrations of such
railways as carriers of goods and passengers.
3. Maritime shipping and navigation, including shipping and navigation on tidal
waters; Admiralty jurisdiction.
4. Port quarantine.
5. Major ports, that is to say, the declaration and delimitation of such ports, and the
constitution and powers of Port Authorities therein.
6. Aircraft and air navigation; the provision of aerodromes; regulation and
organisation of air traffic and of aerodromes.
7. Lighthouses, including lightships, beacons and other provisions for the safety of
shipping and aircraft.
8. Carriage of passengers and goods by sea or by air.
9. Extension of the powers and jurisdiction of members of the police force
belonging to any unit to railway area outside that unit.
D. Ancillary
1. Election to the Dominion Legislature, subject to the provisions of the Act and of
any Order made thereunder.
2. Offences against laws with respect to any of the aforesaid matters.
3. Inquiries and statistics for the purposes of any of the aforesaid matters.
4. Jurisdiction and powers of all courts with respect to any of the aforesaid matters
but, except with the consent of the Ruler of the acceding State, not so as to confer
any jurisdiction or powers upon any courts other than courts ordinarily exercising
jurisdiction in or in relation to that State.

Instrument of Accession

Uploaded by

Copyright:

Available Formats

Instrument of Accession

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Instrument of Accession

Uploaded by

Copyright:

Available Formats

INSTRUMENT OF ACCESSION

Instrument of Accession executed by Maharajah Hari Singh on October 26,

6. Nothing in this Instrument shall empower the Dominion Legislature to

You might also like