26 October, 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.
