Sardar Patel was Party to all the Decisions- "Nehru , Kashmir & Historical Facts"- {Part-2}

In part 1, I had detailed the sequence of events and the main actors involved, leading to accession of Jammu & Kashmir with India.  It needs to be understood that India adopted the British Parliamentary system and Cabinet system.  All the decisions taken by the Government of India after independence were a collective responsibility of the Cabinet. When J&K acceded to India   Jawaharlal Nehru was the Prime Minister and Sardar Patel was Deputy Prime Minister and the Home Minister of India.

 Late V.P. Menon in his book, “The Story of Integration of Indian States”(1956) gave the official version of what happened during that period. The other book written by him is “Transfer of Power in India”  (1957). V.P. Menon was a close associate of Sardar Patel.  Menon was handling constitutional reforms since 1917, he was Viceroy's Constitution Advisor from 1942, he was also the Chairman of the three-man Committee which drafted the Indian Independence Act passed by the British Parliament on July 18, 1947 creating two dominions under the sovereignty of his majesty. 

            It was Patel who persuaded Menon not to retire in June 1947.  Menon took charge of State's Department. 

The Indian Independence Act 1947 was clear that princely States could either join India or Pakistan.  No option for independence was given in the Act.  The Section 7(1) (B) stated that all the treaties and agreements between British Government and the princely States would lapse.  Hence, the princely States could not choose to be independent and they had either to join India or Pakistan. 

Maharajah Hari Singh initially considered with the idea of the becoming an independent State. Two months before independence of India, on a visit to Kashmir in June 1947, Lord Mountbatten told Maharajah Hari Singh "that if Kashmir joined Pakistan, this would not be regarded as unfriendly by the Government of India”.   Menon in his book, says "he (Mountbatten) assured the Maharajah that so long as he made up his mind to accede to one dominion or the other before August 15, no trouble would ensue, for which ever dominion he acceded to, would take the State firmly under his protection as part of its territory.  Mountbatten went so far to tell the Maharajah that, if he acceded to Pakistan, India would not take it amiss and that he had the firm assurance on this part from Sardar Patel himself.  However, Hari Singh dithered and did not take a decision.  Meanwhile, Pakistan and tribesmen invaded Kashmir on 22nd October, 1947.

            On 24th Hari Singh appealed to India for help.  This was not possible unless Kashmir “acceded” to India.  The Defence Committee chaired by Mountbatten asked Menon to fly to Srinagar for assessment.  Pakistani raiders were 2 days away from Srinagar.  Menon returned to Delhi after advising Hari Singh to move to Jammu. 

        

  Hari Singh then invited Sheikh Abdullah to head the interim government.  Menon briefed the Defence Committee on 26th who asked him to get the “ Accession” papers signed.  Menon flew to Jammu, got the accession document signed by Maharajah and flew back.  Sardar Patel was waiting at the airport and they both went to the Defence Committee’s meeting which decided to accept the accession subject to the proviso that a plebiscite would be held in the state when law and order situation allowed.  Like Nehru, Patel also was party to this decision. 

To be continued

{ Source: The Story of Integration of Indian States (1956) & Transfer of Power in India (1957) - VP Menon in addition to the sources mentioned in Part-1 }