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 by applicable to the Dominion on 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 Shriram Indar mahandar Rajrajeshwar kaharahdhirah 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

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 purpose 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 and 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 15^th day of August 1947, (which act as so in force is hereafter referred to as “the Act”).

2. I here by assume the obligation of ensuring that due effect is given to provision 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 laws 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 this State, then any such agreement shall be deemed to from part of this Instrument and 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 of the Indian Independence Act, 1947, unless such amendment is accepted by me by an 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 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. 7. 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 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 26^th of October nineteen hundred and forty-seven. (Sd.) Hari Singh Maharajadhiraj of Jammu and Kashmir State 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.) Mountbatten of Burma Governor-General of India UNCIP Resolution, 13 August 1948 The United Nations Commission for India and Pakistan, having given careful consideration to the points of view expressed by the Representatives of India and Pakistan regarding the situation in the State of Jammu and Kashmir, and Being of the opinion that the prompt cessation of hostilities and the correction of conditions the continuance of which is likely to endanger international peace and security are essential to implementation of its endeavours to assist the Governments of India and Pakistan in effecting a final settlement of the situation, Resolves to summit simultaneously to the Governments of India and Pakistan the following proposal. Part I
Cease-fire Order A. The Governments of India and Pakistan agree that their respective High Commands will issue separately and simultaneously a cease-fire order to apply to all forces under their control in the State of Jammu and Kashmir as of the earliest practicable date or dates to be mutually agreed upon within four days after these proposals have been accepted by both Governments. B. The High Commands of the Indian and Pakistani forces agree to refrain from taking any measures that might augment the military potential of the forces under their control in the State of Jammu and Kashmir. (For the pupose of these proposals “forces under their control” shall be considered to include all forces, organized and unorganized, fighting or participating in hostilities on their respective sides.) C. The Commanders-in-Chief of the forces of India and Pakistan shall promptly confer regarding any necessary local changes in present dispositions which may facilitate the ceasefire. D. In its discretion and as the Commission may find practicable, the Commission will appoint military observers who, under the authority of the Commission and with the co-operation of both Commands, will supervise the observance of the cease-fire order. E. The Government of India and the Government of Pakistan agree to appeal to their respective peoples to assist in creating and maintaining an atmosphere favourable to the promotion of further negotiations. Part II Truce Agreement Simultaneously with the acceptance of the proposal for the immediate cessation of hostilities as outlined in Part I, both Governments accept the following principles as a basis for the formulation of a truce agreement, the details of which shall be worked out in discussions between their Representatives and the Commission. A.1. As the presence of troops of Pakistan in the territory of the State of Jammu and Kashmir constitutes a material change in the situation since it was represented by the Government of Pakistan before the Security Council, the Government of Pakistan agrees to withdraw its from that State. 2.The Government of Pakistan will use its best endeavour to secure the withdrawal from the State of Jammu and Kashmir of tribesmen and Pakistan national not normally resident therein who have entered the State for the purpose of fighting. 3. Pending a final solution, the territory evacuated by the Pakistan troops will be administered by the local authorities under the surveillance of the Commission. B.1. When the Commission shall have notified the Government of India that the tribesmen and Pakistani national referred to in Part II A-2 hereof have withdrawn, thereby termination the situation which was represented by the Government of India agrees to begin to withdraw the bulk of its forces from that State in stages to be agreed upon with the Commission.
2.Penidng the acceptance of the conditions for a final settlement of the situation in the State of a Jammu and Kashmir, the Indian Government will maintain within the lines existing at the moment of the cease-fire the minimum strength of its forces which in agreement with the Commission are considered necessary to assist local authorities in the observance of law and order. The commission will have observers stationed where it deems necessary. 3. The Government of India will undertake to ensure that the Government of India will undertake to ensure that the Government of the State of Jammu and Kashmir will be guaranteed. C.1. Upon signature, the full text of the Truc Agreement or a communiqué containing the principles thereof as agreed upon between the two Governments and the Commission will be made public. Part III The Government of India and the Government of Pakistan reaffirm their wish that the future status of the State of Jammu and Kashmir shall be determined in accordance with the will of the people and that end, upon acceptance of the truce agreement, both Governments agree to enter into consultations with the Commission to determine fair and equitable conditions whereby such free expression will be assured. Article 370 of the Constitution of India (1) Notwithstanding anything in this Constitution: (a)the provisions of Article 238 shall not apply in relation to the state of Jammu and Kashmir; (b)the power of Parliament to make laws for the said State shall be limited to (i)those matters in the Union List and the Concurrent List which in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State: and (ii)such other matters in the said Lists as, with the concurrency of the Government of the State, the President may be order specify. 1.Exlanation: For the purposes of this Article, the Government of the State means the person for the time being recognized by the President as the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the Maharaja’s Proclamation dated the fifth day of March, 1948. (c) the provisions of Article(1) and of this Article shall apply in relation to this State; (d) Such of the other provisions of this Constitution shall apply in relation to that State subject to such exceptions and modifications as the President may by order specify: Provided that no such order which related to the matters specified in the Instrument of Accession of the State referred to in paragraph (i) of sub-clause (b) of that clause be given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon. (3) Notwithstanding anything in the forgoing provisions of the Article, the President may, by public notification, declare that this Article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may notify. Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification. Home Page