The Government of India Act of 1935 first established the Instrument of Accession, a legal instrument that was used in 1947 to allow each of the princely states within British paramountcy to accede to one of the new nations of India or Pakistan established as a result of the Partition of British India. The accession of nations to the Dominion of India (or Pakistan) was permitted by the instruments of accession signed by the rulers on only three grounds: defence, external affairs, and communications.
The topic has a very high chance of being asked as a UPSC Prelims History Question as it is a core part of one of the most important events in modern Indian history.
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Instrument of Accession UPSC Notes PDF –Download PDF Here
History of Instrument of Accession
During the time of British control, India had 565 princely states. As they had never been acquired by the British Crown, these were not a part of British India proper but were nevertheless associated with it by a network of subsidiary alliances. A princely state’s monarch could join the “Federation of India” by submitting an Instrument of Accession, a notion that was first introduced by the Government of India Act of 1935.
The British struggled with how to handle the future of the princely states as they finalised their plans to leave India in 1947. They were not British, so the British were unable to divide them between the newly independent countries of India and Pakistan. According to the Indian Independence Act of 1947, the British Crown’s suzerainty over the princely states would essentially expire on August 15, 1947. Although many of the princely states had relied on the Government of India for infrastructure, financing, and other services, this would leave them entirely independent. After gaining independence, each state’s ruler would have to select if to accede to India or Pakistan. Princely states would then have the option to choose either one.
Instrument of Accession Template
Below is the standard template which was used by the princely states for the instrument of accession during India’s independence:
Instrument of Accession of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 modification 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ruler of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . in the exercise of my sovereignty in and over my said State Do hereby execute this my Instrument of Accession and
- 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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 hereinafter referred to as “the Act”).
- I hereby assume the obligation of ensuring that due effect is given to the provisions of the Act within this state so far as they are applicable therein by virtue of this my Instrument of Accession.
- 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.
- 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 form part of this Instrument and shall be construed and have effect accordingly.
- 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.
- Nothing in this Instrument shall empower the Dominion Legislature to make any law for this State authorising 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.
- 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.
- 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.
- 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .day of August, Nineteen hundred and forty-seven.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I do hereby accept this Instrument of Accession.
Dated this. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .day of August, Nineteen hundred and forty-seven.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Governor-General of India)
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Instrument of Accession of Junagadh
Both Lord Mountbatten (last Viceroy of India and first Governor General of Independent India) and Narasimha Gopalaswami Ayyangar concurred that Junagadh’s accession to Pakistan was absolutely and legally sound and that the question of geographical contiguity had no legal merit. But Sardar Patel insisted that the people of the state, not the monarch, should determine whether or not to join. Nehru outlined India’s stance, which was that it opposed Junagadh’s annexation to Pakistan. India’s argument afterwards at the UN Security Council focused on the wishes of the people, which it charged the Nawab with neglecting. The UNSC ambassador for India was also instructed to steer clear of legalistic arguments over the Instrument of Accession due to the potential impact on Kashmir.
Instrument of Accession of Junagadh PDF –Download PDF Here
Instrument of Accession of Jammu and Kashmir
The princely state of Jammu and Kashmir’s ruler, Maharaja Hari Singh, signed the Jammu and Kashmir Instrument of Accession on October 26 or 27. Maharaja Hari Singh consented to accede his realm to the Dominion of India by signing an Instrument of Accession in accordance with the Indian Independence Act of 1947. Lord Mountbatten, who was India’s governor-general at the time, approved the accession on October 27, 1947. On October 26, which is Accession Day each year, people celebrate India’s accession.
Instrument of Accession of Jammu and Kashmir PDF –Download PDF Here
Frequently Asked Questions about the Instrument of Accession:
What did the Instrument of Accession do?
Which princely states did not accept the Instrument of Accession to the Union of India?
Which states did not wish to join India after independence?
Which was the largest princely state in India?
How many princely states joined India?
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