To understand the present context of Kashmir, it is important to understand the history of Jammu and Kashmir particularly the way it unfolded since the early 19th century. In brief and relevant to the university and competitive examinations, one should understand the chronology of the events and analyze them.
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The Sikh ruler, Maharaja Ranjit Singh (April 1801 – June 1839) had the desire to annex the Kashmir region into the Sikh empire. It was essential owing to its strategic and geographical location. After two unsuccessful attempts in 1813 and 1814, Maharaja Ranjit Singh sent an army in April 1819 to annex Kashmir and surrounding regions. In July 1819, the Sikh army led by its commander Hari Singh Nalwa fought and defeated Jabbar Khan, the governor of Kashmir, at the decisive Battle of Shopian. Thereby Kashmir and adjoining regions became part of the Sikh empire.
After the death of Maharaja Ranjit Singh in June 1839, the Sikh empire declined. The British East India Company army defeated the Sikh army in the First Anglo-Sikh War (December 1845 – March 1846). As part of the Treaty of Lahore on 9 March 1846, the Sikhs surrendered the Jammu region, the Kashmir valley, and other regions to the British army.
A week later after the Treaty of Lahore, the British army signed the Treaty of Amritsar on 16 March 1846 with Raja Gulab Singh Jamwal (Dogra) of Jammu. The Dogra dynasty ruler Raja Gulab Singh was already ruling over the Jammu and Tibet region. As per the Treaty of Amritsar, Kashmir was to be ruled over by Raja Gulab Singh under the terms of a subsidiary alliance and sovereignty of the British army and was required to pay to the British an amount of 7.5 million Nanakshahee Rupees (i.e. 75 lakhs Nanakshahee Rupees) for the war indemnity.
By the Treaty of Amritsar, Raja Gulab Singh became the representative of the Governor-General of India, Lord Hardinge. He was also given the title of “Maharaja”. Thus he became Maharaja of Jammu and Kashmir and the founder of the Dogra dynasty. Under Maharaja Gulab Singh (March 1846 – March 1856) all three parts, Jammu, Kashmir, and Tibet were unified under one dynasty and ruler. Owing to poor health, the Maharaja abdicated the throne in March 1856. He died in June 1857.
Maharaja Gulab Singh was succeeded by his son Maharaja Ranbir Singh (March 1856 – September 1885). After the death of Maharaja Ranbir Singh, he was succeeded by his elder son Maharaja Pratap Singh (September 1885 – September 1925). Maharaja Pratap Singh died without any surviving son. Therefore he was succeeded by his nephew Maharaja Hari Singh (September 1925 – November 1952).
Before independence on August 15, 1947, 565 princely states existed in the unified India. As per the Mountbatten Plan or the 3rd June 1947 Plan which was passed by the British Parliament as The Indian Independence Act 1947 in July 1947, British India was to be partitioned into the two new independent dominions of India and Pakistan on August 15, 1947. Princely states had no option to remain independent and were given the right to join either India or Pakistan.
By August 15, 1947, over 550 princely states, almost all of the states contiguous with the territory of India acceded to India. Only three states, namely, Junagadh, Hyderabad, and Jammu and Kashmir, did not accede to India or Pakistan.
Maharaja Hari Singh of Jammu and Kashmir did not accede. Instead on August 12, 1947, he sought a ‘Standstill Agreement’ with both India and Pakistan. The Maharaja stated that,
“Jammu and Kashmir government would welcome standstill agreement with Union of India/Pakistan on all matters on which there exists arrangements with the outgoing British India government.”
India refused to accept or sign the Standstill Agreement while Pakistan agreed to the Standstill Agreement sought by Maharaja Hari Singh.
Read the Standstill Agreement.
Despite signing the standstill agreement with Jammu and Kasmir, Pakistan wanted Maharaja Hari Singh to accede Jammu and Kashmir to Pakistan. When Maharaja Hari Singh failed to comply with the instructions from M.A. Jinnah, the Governor General of Pakistan, they launched ‘Operation Gulmarg’ by mobilizing tribals from the North West Frontier Province (in Pakistan) on October 22, 1947. Thousands of Pashtun tribesmen assisted by the Pakistan armies invaded and captured Uri and Baramullah and moved towards Srinagar, the capital of Jammu and Kashmir.
Maharaja Hari Singh appealed to India for help to defend the state from Pakistan. Prime Minister Jawaharlal Nehru and Home Minister Vallabhbhai Patel refused to intervene unless Jammu and Kashmir acceded to India. Maharaja Hari Singh agreed and on October 26, 1947, signed the Instrument of Accession with India.
The next day, on October 27, 1947, the Governor-General of India, Lord Mountbatten, formally accepted the Instruction of Accession signed by Maharaja Hari Singh of Jammu and Kashmir. Thus officially, legally, and technically the whole state of Jammu and Kashmir formally became part of India.
Read the Instrument of Accession.
In an All India Radio broadcast from Delhi on November 2, 1947, Prime Minister, Jawaharlal Nehru voiced for a referendum under the monitorship of the United Nations. In the broadcast, Nehru said that,
“We have declared that the fate of Kashmir is ultimately to be decided by the people. That pledge we have given, and the Maharaja has supported it, not only to the people of Kashmir but to the world. We will not and cannot back out of it. We are prepared when peace and law and order have been established to have a referendum held under international auspices like the United Nations. We want it to be a fair and just reference to the people and we shall accept their verdict.”
Prime Minister, Jawaharlal Nehru, sought a resolution to the invasion by Pakistan issue at the United Nations Security Council (UNSC). India raised the matter with the UNSC on January 1, 1948. The UN set up the United Nations Commission for India and Pakistan (UNCIP). On April 21, 1948, Resolution 47 was passed by the UN Security Council. The measure imposed an immediate cease-fire and called on the Government of Pakistan
‘to secure the withdrawal from the state of Jammu and Kashmir of tribesmen and Pakistani nationals not normally resident therein who have entered the state for the purpose of fighting.’
It also asked the Government of India to reduce its forces to minimum strength, after which the circumstances for holding a plebiscite should be put into effect ‘on the question of Accession of the state to India or Pakistan.’
Meanwhile, in October 1947 immediately after the signing of the Instrument of Accession, India airlifted its troops and sent them to Srinagar to defend the capital and other parts. Indian army pushed back the invaders and Pakistan army and safeguarded the city and other parts. The fronts solidified gradually along what later came to be known as the Line of Control.
On August 13, 1947, the United Nations Commission for India and Pakistan (UNCIP) negotiated the terms of a ceasefire between the two countries. Soon, a formal ceasefire was declared between India and Pakistan which became effective on January 1, 1949.
India gained control of about two-thirds of the Jammu and Kashmir princely states, including the Kashmir Valley, the Jammu province, and Ladakh. Pakistan had control of one-third of the state including Gilgit and Baltistan.
Born in December 1905 near Srinagar, Sheikh Mohammad Abdullah played an instrumental role in the politics of Jammu and Kashmir. In October 1932, he formed Kashmir Muslim Conference, the first political party in Kashmir. In June 1939, the Kashmir Muslim Conference was renamed as the National Conference. He led popular agitations for various political and demorcatic rights in the princely state of Jammu and Kashmir. In May 1946 he launched the Quit Kashmir agitation against Maharajah Hari Singh. However soon he was arrested and sentenced to three years imprisonment. Soon after independence, Prime Minister Jawaharlal Nehru persuaded Maharaja Hari Singh to release Sheikh Mohammad Abdullah fom jail. After initial relcutance, on September 29, 1947, Maharaja Hari Singh released Sheikh Mohammad Abdullah fom jail.
Soon, on March 5, 1948, Maharaja Hari Singh announced formation of a popular and interim government and appointed Sheikh Mohammad Abdullah as the Prime Minister.
Owing to deteriorating health conditions and pressure from political front, Maharaja Hari Singh had to leave the State. On June 20, 1949, he appointed his son Karan Singh as the Regent of Maharaja Hari Singh of Jammu and Kashmir. Maharaja Hari Singh moved to Bombay and spent rest of his loife there. he died on April 26, 1961.
On January 26, 1950, when India became a Republic, Article 370 of the Constitution of India conferred a special status on the State of Jammu and Kashmir.
The Presidential order of 1950, officially The Constitution (Application to Jammu and Kashmir) Order, 1950, came into force on 26 January 1950 contemporaneously with the Constitution of India. It specified the subjects and articles of the Indian Constitution that corresponded to the Instrument of Accession as required by the clause b(i) of the Article 370.
On May 1, 1951, Karan Singh issued a proclamation for the elections of a Constituent Assembly in the state of Jammu and Kashmir. Elections were held in the state of Jammu and Kashmir in August and September 1951, and the National Conference (NC) won 75 out of 75 seats in the Constituent Assembly. The Constituent Assembly met for the first time in Srinagar on October 31, 1951.
In 1952, the Delhi Agreement was signed between Prime Ministers of India and Jammu and Kashmir giving special position to the state under Indian Constitutional framework.
Through the Presidential Order of 1952 monarchy was abolished in Jammu and Kashmir. The head of the state to be known as ‘Sadr-i-Riyasat’. Karan Singh was made as Sadar-i-Riyasat of Jammu and Kashmir on August 19, 1952.
On February 6, 1954, the Constituent Assembly voted to ratify the state of Jammu and Kashmir’s accession to India. The Constitution of Jammu and Kashmir was formally adopted by the Constituent Assembly on November 17, 1956, and the Constitution entered into force on January 26, 1957. On November 17, 1956, the State Constituent Assembly adopted the Constitution of Jammu and Kashmir declaring the State to be an integral part of the Union of India.
By the 6th amendment to the State Constitution adopted on March 28, 1965, the ‘Sadr-i-Riyasat’ was re-designated as the Governor and the Prime Minister of the State as the Chief Minister.
In August 2019, the Parliament passed the Jammu and Kashmir Reorganisation Act 2019. Through this act which came effect from October 31, 2019, the state was reorganised into two Union Territories namely Union Territory of Jammu and Kashmir and Union territory of Ladakh.
On December 11, 2023, the Supreme Court of India upheld the reorganization of Jamu and Kashmir into two Union Territories namely Union Territory of Jammu and Kashmir and Union territory of Ladakh.
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