The Constitutional Assembly constitutes a statutory body of representatives of Bharatiya citizens. It included the representatives of Princely states, too, who were selected by the kings, Every state had the liberty to select four representatives.
In the states which had already elected their constituent assembly, two members were selected by the ruler of the princely state whereas the other two were selected through the consent of the Constituent Assembly and they had jointly adopted the federal governmental structure. The Constitutional Assembly had four selected representatives from Jammu & Kashmir, too but the selection of all four of them was done by the then Prime Minister of the state, Shaikh Abdullah.
In the princely state of Jammu-Kashmir, the Seventy Five member Constituent Assembly was constituted. This Constituent Assembly endorsed the merger of the princely state (J&K) with Bharat. The entire procedure was done following democratic measures as well as was kept transparent, too. In fact, a similar system was adopted in all the other states where their Constituent Assembly or the Vidhansabha acknowledged their merger.
The most noteworthy point that arises in our minds is regarding the need for a referendum, post-signing the instrument of annexation. In reality, this entire conspiracy (yes, it was) was carved out by Governor General Mountbatten and its seeds were sown in the British diplomacy of maintaining strong control in economic as well as political land supremacy over Central East and South Eastern nations, post their departure from Bharat. To fulfil this vision, they required a country, under their influence.
The British – American diplomacy had perceived the intention of establishing their Colonial interests during the cold war following the Second World War. Hence, it was evident to stop the colonization by China and Russia. The newly formed Pakistan could become a significant base to fulfil the diplomatic ambitions of Britain and the USA. but this was possible when Jammu Kashmir would be merged with Pakistan as its borders touched China, Russia, Tibet and Afghanistan. It was important for Britain to develop an amicable relationship with Pakistan, to utilise the Chattgao and Karachi ports as well as Peshawar air Streep.
All in all, the British-American diplomacy wanted to create a half-moon-shaped wall of Muslim countries, that would stand as a strong base to evade the territorial as well as economic expansion of China and Russia. Pakistan, along with Kashmir, at the Eastern corner, could fulfil this dream. There was one more apprehension feared by Britain regarding Jammu & Kashmir, merging with Bharat.
If Kashmir would become part of Bharat, it could turn into a safe haven for the Khudai Khudmatdar, the natives of North -Western frontier and in future, they could demand an independent Pakhtunistan. If Pakistan would become powerful politically then it could consummate the strategic interests of Britain in the Middle East and South East Asia. This would be possible, only if Jammu & Kashmir, would buffer between Bharat and the North-West frontier region.
The fright of separate Pakhtunistan, was one of the reasons, to bring Britain and Pakistan, close. Additionally, all major cities of Pakistan, like Sialkot, Peshawar, and Rawalpindi were hardly thirty to fifty kilometres distance from the border of Jammu Kashmir. British diplomacy was designed to create a long distance between these cities and Jammu Kashmir.
Moreover, the rivers flowing from Jammu & Kashmir were the biggest source of water for Pakistan. The Mangla dam built in Mirpur was of prime importance as a source of irrigation for the West Punjab region of Pakistan. Calculating all these significant issues, it was of utmost eminence for Britain to merge Jammu & Kashmir, into Pakistan.
On one side, Britain was posing direct and indirect pressure on Maharaja to annexe Pakistan, on the other hand, Jinnah was posing ethical, immoral, and Military pressure on Maharaja Harisingh to merge Jammu Kashmir into Pakistan. He asked for the Maharaja’s permission to spend a few days in Kashmir, on the pretext of rest. Maharaja understood his intention of igniting Kashmiri Muslims to rebel. Maharaja’s Prime Minister, Maherchand Mahajan has mentioned, “As per Jinnah’s plan, Kashmir belonged to him and like Moghal Emperors, he considered Kashmir as a face of Pakistan. He was keen to make the optimum use of its picturesque beauty and serene weather, as Governor-General. He considered upholding it, forcefully or wishfully, as valid.”
Shaikh Abdullah too, initially considered merging with Pakistan, as the best option and thus, he began giving outcry in name of Islam, to Jinnah and emphasized corroborating with Pakistan. but his scheming mind soon understood Jinnah’s unwillingness to let him grow in capacity and hence, he changed his plot toward Bharat. Fortunately for him, Jawaharlal Nehru was his strongest support.
And, for the same reason, Maharaja Hari Singh was in predicament. If he would take the decision of merging with Pakistan, he would be driving the colossal Hindu community of Jammu and Ladakh toward a dark future. The cultural identity preserved and expatriated by his forefathers and the Muth and temples and Libraries flourishing with Sanskrit Literature would be devastated and demolished.
On the other hand, he was extremely despondent with Nehru’s obstinacy regarding providing undue support to Shaikh Abdullah. This far sight and the adoration for Bharat Mata, made the Maharaja refute, all the incitement offered by Jinnah.
Lord Mountbatten, played a crucial role in creating an atmosphere of irresoluteness. As Dr Gaurinath Rastogi narrates, “Mountbatten was well aware that if Jammu-Kashmir merged into Bharat, the very significant strategic point of Gilgit region would slip out of Anglo-American dominance and strategy of Military besieging of Russia would not be accomplished. On the contrary, if Jammu Kashmir would merge with Pakistan, this arrangement would smoothen up. Mountbatten was an equally competent diplomat along with a competent Army officer. He successfully managed to confuse and forbid Maharaja Hari Singh to join Bharatiya dominion, through Ramchandra Kaak, the then Prime Minister of Jammu Kashmir, who had a British wife. Ramchandra Kak, on wife’s insistence, advised Maharaja against merging with Bharat.”
Maharaja Hari Singh instantaneously grasped that there was a more vicious plan behind coming over to Kashmir than the ‘need for just simple rest’. He understood the conspiracy charted out by Jinnah and Ramchandra Kak and Kak’s bizarre insistence about allowing Jinnah to travel to Kashmir. Hence, using his utmost sugar-coated wit, he prevented Jinnah from coming over.Fuming Jinnah, played the second card of imposing economic sanctions on Kashmir.
Ramchandra Kaak and ‘Raj Guru’ Swami Sant Dev incessantly advised Maharaja HariSinh to keep Jammu & Kashmir as an independent nation. Ramchandra Kaak convinced Maharaja to send a telegram on August 12th and enter into a “Standstill Agreement” post-August 15th 1947 with both the dominions. Responding to the telegram, Pakistan agreed to enter into a “Standstill Agreement” but Bharat, asked for more time and clarification, in regards.
As the plans to forcefully capture Jammu Kashmir was being designed in Pakistan, they were shocked at the denial by Maharaja Hari Singh to allow Jinnah and violated the “Standstill Agreement”. Pakistan ceased all the roads towards Bharat. It had a devastating effect on the Postal and transportation departments. The supply of most of the necessary food and other life-saving products was halted.
Ramchandra Kaak, who was at the helm of strategising the foul play, was exposed. As soon as Maharaja found out that Ramchandra Kaak had established close contacts with British commander Scott, of the Dogra army, he grabbed the ropes in his hands and immediately removed Kaak from the post of Prime Minister and appointed General Janak Singh as interim Prime Minister.
By October end, the situation had worsened. The report in Tribune on October 23, gives a glance of its severity. It stated, ” Pakistan had been developing Hitlerian appetite and Hitlerian strength. Not a day passes when reports do not come, indicating that Pakistan’s intentions are acquisitive and its plans are aggressive. West Punjab and Frontier Pakistani crusaders, masquerading as pleasure seekers, had poured into the valley and besides carrying on subtle poisonous propaganda were organising ‘stabbers and fire raisers squads. Menacingly, Jinnah caps were visible everywhere.”
If the Jammu & Kashmir region, were part of British Bharat, then it would have been simpler for Britain to merge it with Pakistan but ‘unfortunately’ it was a princely state, hence the right and the final call regarding its annexation, belonged to the King. Amidst all these, the Indian National Congress’s policy of democratic values put forward the ‘voice of people as its prime ideology. The biggest leader of Kashmiri Muslims of the valley, Shaikh Abdullah had been in prison since May 1946.
Shaikh Abdullah had been strongly opposing the “Two Nation Theory” proposed by Jinnah, hence they considered Shaikh as their arch enemy and did not wish that he should be out of prison. Mountbatten too did not wish that Shaikh would be out of jail whereas Congress, following the principles of democracy, wanted Shaikh to be out of the prison and hence Mahatma Gandhi and Nehru wanted to travel to Srinagar, at the earliest. Mountbatten, opposed their travelling to Kashmir, as he feared Mahatma and Nehru, would pressurise Maharaja to release Shaikh.
Once released, they were certain that Shaikh would support the merger in Bharat. Keeping this significance, the political department of the British Government led by Sir Conard Coatfield was striving to forbid the release of Shaikh. Mountbatten strategised to go to Srinagar himself before Mahatma would stop there. He reached Srinagar on the 19th of June 1947. He advised Maharaja to take a call and join, Bharat or Pakistan, any one nation by 15th August 1947. He emphasised taking into account, the conscience of the people of Kashmir. Of course, he also added that if he chose to merge with Pakistan, Bharat would not have any objection to it!!!
He stayed in Srinagar, for four days and on all of those four days, he repeatedly advised Maharaja to make up his mind. On the fourth and the last day, the final discussion on the issue was to take place but Maharaja, sensing Mountbatten’s suggestive inclination towards a merger with Pakistan, dodged the meeting, excusing for Colic ache.
In Maharaja HariSinh ‘s own words, “The manner through which Mountbatten was discussing the condition, using maps and database, it was evident he was clearly conveying to join Pakistan.” After the removal of Ramachandra Kaak, the situation every day was becoming more and more volatile. The tribal invasion, backed by the Pakistan army was in pipeline.
Meanwhile, amidst this upheaval, Maharaja appointed Meharchand Mahajan, the Judge of Punjab High Court, with the help of Sardar Patel, as the Prime Minister. As expected, Shaikh Abdullah did not approve of this farsighted, impactful and impressive person as the Prime Minister but Sardar demolished all his dreams.
Immediately after the appointment of Mahajan, Pakistan ascended its aggression across the region and incessantly pressurized Maharaja for a merger with Pakistan. Major Shah, the son-in-law of Lahore Court’s Chief Justice, was in Srinagar. He held sword and whip in one hand and Letter of Merger in the other hand.” and continued coercion on General Janak Singh Deputy Prime Minister, Batra. But they remained unsuccessful.
Sources of Information :
हमारी भूलोका स्मारक : धर्मांतरित कश्मीर
नरेन्द्र सहगल
कश्मीर : दहकते अंगारे
जगमोहन जी
जम्मू कश्मीर की अनकही कहानियां
कुलदीप चंद अग्निहोत्री
Kashmir : Behind The Vale
M J Akbar
My Frozen Turbulence in Kashmir
Jagmohan ji

Madhvi Bhuta is the National Executive of BJP Mahila Morcha and a Columnist on various Forums.