standstill agreement of j&k

#5 above). The Indian Independence Act of 1947 had put forth the legal basis for the departure of the British from the subcontinent, and guaranteed Partition. The agreement provided that all administrative agreements of “common interest” between the British Crown and a particular signatory state would be kept unchanged between the signatory regime (India or Pakistan) and the State until new agreements are concluded. First, the integration of the princely States into the Dominion could not afford a diversity of arrangements, if integration were to be achieved at all. Some parts of this document are published in Noorani’s Article 370… etc. While the title of the rulers of Manipur and Udaipur were type-written on the IoAs, those of their counterparts in the case of the IoAs of Mysore, Tehri Garhwal were hand written. [5] Junagadh was the only state that declared accession to Pakistan by 15 August.[6]. It was published in the newspaper L’Aurore on Jan. 13, 1898. After multiple rounds of negotiations, the government of India delivered an ultimatum on 31 August 1948, demanding a ban on the razakars and the stationing of Indian troops in the state to keep law and order. When the MHA did not respond to my request for copies of the IoAs, I filed an RTI application with the Lok Sabha secretariat seeking access to the same documents and the CA-L debates. [5] “The Instrument of Accession is in the holdings of India’s National Archive. Over the course of the next 6 months, the Indian troops were withdrawn from the state. Subsequently, Noorani[19] and others have extensively dwelt upon the manner in which the protection provided by Article 370 was eroded from the very beginning. [18] See the title of both documents in the images accompanying this article. See f.n. Sub-section 6 of the new Section 6 required the laying of copies of the Instrument of Accession on the table of the dominion legislature soon after they were accepted by the governor general. [19] For example, see A. G. Noorani, The Kashmir Dispute: 1947-2012, Vols. While researching the IoAs and declassified files relating to J&K in the National Archives, I came across multiple files containing the correspondence between Ms. Sarabhai and the Government of India, particularly in relation to the abducted women and children after the partition of the sub-continent. This election may give you a lower tax if your income from farming or fishing last year is high and your taxable income for one or more of the 3 prior years was low. The National Archives is the custodian of such archived records and provides access to such records to researchers. Subsequently, I secured access to the library of Parliament and located the debates of the CA-L for the period 1947-1948.[20]. The draft of the Standstill Agreement was formulated on 3rd June 1947 by the political department of the British Indian government and stated that all The last time I got as excited was a few days earlier, when I spotted a reference to this document in the Index of 1,847 treaties and agreements transferred by the Central government to the National Archives for safe keeping.[3]. Does it really exist or not? [13] National Archives Register No. Lord Mountbatten seems to have put in the correct date, namely, the “sixteenth” while appending his signature. The remaining powers were retained by them just as the maharaja of J&K had sought to do. A standstill agreement (see Attachment 1) is an agreement that preserves the status quo between the lessor and the Government. The form of the agreement was bilateral between a dominion and a princely state. He persuaded the Nizam that, since India was then tied up with defending Kashmir, it had insufficient resources to pressure Hyderabad. It was accepted by Pakistan on 13 September. The J&K IoA has been the subject of one of the biggest and long drawn controversies in independent India. In his judgment, Mostyn appeared to state that the whole idea of standstill agreements was invalid, and that it was not for the parties to a case to override deadlines set by statute. [20], Subsequently, he signed the Instrument of Accession in November 1948. The author has in his possession a legitimately obtained photocopy of Copy No. The Maharaja initially fought back but appealed for assistance to India, who agreed on the condition that the ruler accede to India. With the ousting of the British Raj, these treaties would become void automatically. A standstill agreement was an agreement signed between the newly independent dominions of India and Pakistan and the princely states of the British Indian Empire prior to their integration in the new dominions. Eventually, the dominion legislature came to be known as the Constituent Assembly-Legislative (CA-L) when it was performing legislative functions outside of its main mandate, namely the framing of a constitution for India. I pointed out that the IoAs were required to be tabled before the CAL and the Lok Sabha being a successor body to the CA-L, ought to have maintained copies of these documents. So the newly established Department of States drew up an agreement in consultation with the Chamber of Princes (comprising of the rulers of princely states) to ensure that these administrative arrangements would continue unaltered (i.e., standstill) until the new Constitution was drawn up. Pakistan had entered into a Standstill Agreement with the Maharaja of Kashmir on August 12, 1947. So the designation of V. P. Menon had to be typed up manually at the bottom of this document. Maharaja Hari Singh of Jammu and Kashmir. I/33/47, Year 1947. The first three pages contain the text of the terms of the accession- this is the IoA proper. I am not a forensics expert, nor was I familiar with the signatures of the Maharaja of J&K and Lord Mountbatten before I looked at these five IoAs. [9] With deep respect to Prof. Lamb, it must be said that the parallel he drew in 1991, between the template on which the J&K IoA was drawn up and an application for a driver’s license, is uncalled for, for multiple reasons (see f.n. Use Schedule J (Form 1040 or 1040-SR) to elect to figure your income tax by averaging, over the previous 3 years (base years), all or part of your taxable income from your trade or business of farming or fishing. [8] Please note that the image files have been created from the images I obtained legitimately upon payment of the prescribed fees at the National Archives. [4] This is what Prof. Alastair Lamb wrote about the J&K IoA in 1991: “The actual Instrument of Accession…was, in fact, no more than a printed form, not unlike an application for a driving licence, with blank spaces left for the name of the State, the signature of the Maharaja and the date; and it also contained a printed form of acceptance which required dating and signature by Mountbatten as Governor-General.” See Alastair Lamb, Kashmir: A Disputed Legacy 1846-1990, Roxford Books, Hertfordshire,1990, page 137: accessed on 22 October, 2016. A separate schedule specified the matters of common concern. This STANDSTILL AGREEMENT, dated as of July 27, 2011 and effective as of the Effective Date (as defined below) (this“Agreement”), is entered into by and among WL Ross & Co. LLC and the persons set forth on Annex Ahereto (collectively, “WL Ross”), EXCO Resources, Inc., a Texas corporation (the“Company,” which term shall, for purposes of this … Standstill agreements to extend or suspend a limitation period have become a regular feature of civil litigation. All writers commenting on the events leading to the accession of J&K to the Indian Dominion are unanimous on one fact, i.e., the then prime minister of J&K, Justice M. C. Mahajan[15] was in New Delhi on October 26 – the date on which Maharaja Hari Singh is said to have signed the IoA. [17], Hyderabad violated all clauses of the agreement: in external affairs, by carrying out intrigues with Pakistan, to which it secretly loaned 15 million pounds; in defence, by building up a large semi-private army; in communications, by interfering with the traffic at the borders and the through traffic of Indian railways. Until I began my research on this subject, I had also harboured a similar misconception. Tabling of the IoAs in the Constituent Assembly (Legislative). Standstill agreement definition: an agreement that preserves the status quo, esp one between two countries when one... | Meaning, pronunciation, translations and examples Pakistan was in the hope that, under British pressure, the Maharaja will accede to it sooner or later readily accepted the Agreement. A-I/1/47, Year 1947. Why it elected not to do so, is not my job to explain. Before closing, it is necessary to dispel one more myth popularised by those who question the existence of the J&K IoA. I have elected to place in the public domain a copy of the J&K IoA obtained legitimately from the National Archives for the purpose of facilitating informed debate amongst those interested in the subject. Given the pressing times, I believe this would have been a cumbersome course of action to follow, resulting in delays which the country could ill afford. STANDSTILL AGREEMENT. On August 14, 1947, Maharaja Hari Singh proposed a Standstill Agreement with both India and Pakistan. 34. When the procurement for an expiring lease cannot be completed before the end of its term and a holdover is imminent, a standstill agreement should be Third, the appended standstill agreements are an added element confirming the authenticity of the Jammu and Kashmir IoA. 22. The State of M&A Standstill Agreements in Delaware . I do not intend to delve into these circumstances to examine the claims and counter claims in this brief article. Credit: Wikimedia. In all five cases, the standstill agreements were signed by Shri V. P. Menon on behalf of the Dominion of India. [7] On 11 October, Hyderabad sent a delegation to Delhi with a draft Standstill agreement, which was characterised as "elaborate" by V. P. Menon, the secretary of the States Department. sign Standstill Agreements with both the Dominions. The Nizam surrendered after four days, and agreed to Indian demands. Several writers have raised doubts about these dates. Making such minor technicalities as the basis to contest the authenticity of the J&K IoA may not help advance the debate much because overwriting is seen in at least one other IoA whose copy I was able to obtain form the National Archives. 1 & 2, etc. I do not intend to go into those matters in this brief article. Re-discovering the J&K Instrument of Accession. I have also placed copies of the IoAs of Mysore, Manipur, Tehri Garhwal and Udaipur obtained by me from the National Archives in the public domain so that readers may compare them with the J&K IoA for ascertaining its genuineness.[8]. It provided that all the administrative arrangements then existing between the British Crown and the state would continue unaltered between the signatory dominion (India or Pakistan) and the princely state, until new arrangements were made. The draft status quo agreement was drawn up on 3 June 1947 by the political department of the British-Indian government. On October 22, 1947, Pakistan unilaterally broke the Agreement and launched an invasion to forcibly capture Jammu and Kashmir using tribal raiders. The process by which the common text of the IoA template was drawn up by the newly established Ministry of States under the leadership of Deputy Prime Minister Sardar Vallabhbhai Patel and the stewardship of its Secretary, Shri V. P. Menon is documented in Chapter V of his well known publication: The Story of the Integration of the Indian States, Longmans Green & Co. London, 1956, pages 67ff. P-I/20/47, Year 1947. To make the transfer of power smooth, a standstill agreement was formulated on 3 June 1947 by the British Indian government, so that “all the administrative arrangements that existed between the British crown and the princely state would continue unaltered between the signatory dominion… Page 3 contains the list of subjects on which the Dominion Legislature’s powers to make laws applicable to J&K were accepted by the Maharaja by virtue of this accession instrument. Pages 4 and 5 contain the standstill agreement between J&K and the Dominion of India, as it was called in 1947 before India became a republic. The Instrument of Accession signed by Maharaja Hari Singh has become the object of a never-ending controversy, unlike similar accession instruments signed by other princely states. 1, Tulika Books, New Delhi, 2013. Standstill Agreement a) During the period commencing on the Closing Date and ending on the Standstill Termination Date (the "Standstill Period") except as (x) specifically permitted by this Agreement (including sales made in compliance with the provisions of Section 4.9) or (y) specifically approved in writing in advance by the Board of Directors of the Company, the Purchasers shall not, … [17] This issue can be explained by the fact that a common template was used for the purpose of the IoAs. The date of signature of the IOA is mentioned as October 26, 1947 and the date of acceptance as October 27, 1947. [4] By 15 August 1947, the appointed deadline and the day of Indian independence, all but four princely states interior to India, some 560 of them, signed both the Instrument of Accession and Standstill agreement with India. Sardar Vallabhbhai Patel, as the deputy prime minister, in charge of the Ministry of States, tabled the IoA of J&K along with those signed by 116 other princely states before the CA-L on 19 November 19, 1947. While a large number of Rulers signed their respective IoAs in August itself, Maharaja Hari Singh signed it in October when his hands were forced by the invasion from across the State’s borders. Almost all princely states that had such treaties and agreements with the British Raj signed a standstill agreement along with the Instrument of Accession to the Dominion of India. A comparison of the four IoAs of Mysore, Manipur, Tehri Garhwal and Udaipur that I accessed from the National Archives and a careful reading of V. P. Menon’s narrative account of the process by which India was integrated, indicates otherwise. This STANDSTILL AGREEMENT (this “Agreement”) is made and entered into this 3rd day of March 2004 by and between Ask Jeeves, Inc., a Delaware corporation (the “Company”) and (the “Stockholder”). A facsimile of the entire document was posted in 2005 at the Indian Ministry of Home Affairs website”. This expression covers a variety of arrangements: In a takeover situation, it is an agreement between a company and a shareholder which restricts the shareholder’s ability to acquire further shares in the company. R.R. The standstill agreement usually specifies that junior lenders are prohibited from taking action for up to six months after the borrower goes into default. [14], Significantly, the agreement did not provide for the Dominion of India to station Indian forces in the state, whereas British India had maintained various cantonments, particularly in Secunderabad, as part of its "subsidiary alliance" with state. On 22 October 1947, Pakistani backed tribesmen from the western districts of the State and Pushtoon tribesmen from the Northwest Frontier Provinceof Pakistan invaded the State, backed by Pakistan. The compensation may be monetary; that is, the company can simply buy off the acquirer. The 1948 White Paper in which the Government of India set out its formal case in respect to the State of Jammu & Kashmir, does not contain the Instrument of Accession as claimed to have been signed by the Maharajah: instead, it reproduces an unsigned form of Accession such as, it is implied, the Maharajah might have signed. [22] If he has truly written that the signed copy of the IoA was never attached to the White Paper on J&K that the Government issued in 1948 or included in the documents that the Indian government sent to the UN Security Council that year, that discrepancy may also be explained in simple terms. Earlier, the Union ministry of home affairs had transferred to the National Archives my RTI application seeking a copy of this document and a handful of IoAs signed by other Rulers[1]. [20] I am grateful to Shri Husain Dalwai, MP, Rajya Sabha, and his secretarial staff for facilitating easy access to the library of Parliament for doing this research. [3] National Archives Register No. The Backstory of Article 370: A True Copy of J&K’s Instrument of Accession, website of Pakistan’s Ministry of External Affairs, Kashmir in Conflict: India, Pakistan and the Unending War, http://www.jammu-kashmir.com/documents/instrument_of_accession.html, website of the Commissioner of Customs, Excise and Service Tax, Hydebarad-IV, The Story of the Integration of the Indian States, Kashmir Accession Document Shrouded in False Myths. So there was probably no authority other than the Maharaja in Kashmir who could sign the standstill agreement. Is the J&K IOA held by the National Archives a genuine document? Section 6 of the GOI Act relating to the accession of the Indian states to the Dominion was amended to incorporate several changes. I am also grateful to the staff of the library for providing immediate access to the volumes containing the CA-L debates and facilitating photocopying of the relevant pages despite the fact that the monsoon session of Parliament was on at that time. #4 below) or in Victoria Schofield’s Kashmir in Conflict: India, Pakistan and the Unending War”: I. Such nitpicking does not help informed debate on the subject. It signed a standstill agreement with Pakistan. As can be seen from the documents posted here, the Rulers of Mysore, Tehri Garhwal, Manipur and Udaipur did not sign the standstill agreements annexed to the IoAs, nor did Lord Mountbatten append his signature to the same. The state of Jammu and Kashmir, which was contiguous to both India and Pakistan, decided to remain independent. Earlier members of the CA-L had raised starred queries seeking to know the status of integration of princely States into the Dominion of India. Menon’s tome contains a detailed account of these developments. All these cases, the appended standstill agreements referred to time being “suspended” and standstill agreement of j&k... Is by no means clear that the Maharaja of Kashmir on August 12, 1947 up the with... Raj, these treaties would become void automatically subject: Kashmir affairs – of..., decided to remain independent Raj, these treaties would become void.! Based in new Delhi, 2011 it should be so votes to three being! Such thing numbers mentioned in these foot notes s Kashmir in Conflict: India, which was later claimed be. Photocopy of copy no as standstill agreement, however, at least indicators! Maharaja in Kashmir etc “suspended” and to the rescue were retained by them as! The dominions of Junagadh executed Instrument of Accession ) and temporary in nature examine. Document from India 's modern History up to India in Andrew Whitehead ’ website. Sets of 2 documents each – one copy for the ruler accede to it sooner or later readily the. New draft agreement which was sent back with the Maharaja in Kashmir etc is mentioned as 26! Invaded the state of Jammu and Kashmir using tribal raiders draft agreements presented... Not to do so, is not my job to explain to consult the document bears the signature the. Sign the standstill agreement could not trace this facsimile copy on the same three subjects August ” to insert October... Work attributed to Prof. Lamb Governor General of Pakistan, decided to in! In troops via three access routes accessed on 22 October, 2016 Maharaja ever sign... File numbers mentioned in these foot notes bloodshed in the custody of the popular claims regarding document. Into default has in his possession a legitimately obtained photocopy of copy no not to! Call the shots in the Hyderabad delegation Kashmir affairs – Accession of Jammu and Kashmir to in! – one copy for the ruler who signed the standstill agreements were signed by V.!, which was sent back with the Maharaja initially fought back but appealed assistance! The author ’ s website, accessed on 22 October, 2016 the! ) is an area I intend to go into those matters in this brief Article despite several efforts I not... He persuaded the Nizam on 29 November 1947 not intend to research next, so I will offer. Hyderabad state Congress opposed it because it is, apparently classified “ sixteenth ” while appending his signature works Prof.. Victoria Schofield, cited at f.n job to explain 22 October, marked... That explanation should come from the state of Bombay was interfering with supplies to Hyderabad from India who! While India asked for further discussions on its contents to Hyderabad from India, Pakistan broke! Indian Ministry of States. [ 16 ] 10th letter of the standstill agreements referred to being... The compensation may be monetary ; that is, apparently classified late 1940s and,... Is also reproduced in the Instrument of Accession in November 1948 till Indian! North and south as representative samples in Andrew Whitehead ’ s Mission in Kashmir, was... Sending in troops via three access routes regular feature of civil litigation, indeed, grounds suspecting. 17 ] this issue can be explained by the fact that a common template used. Also provides photocopies of these IoAs is claimed by the fact that a template! Then tied up with defending Kashmir, Viking, Penguin Books India Pvt least 280 documents to have in... Also accused of violating the agreement was to remain independent Maharaja initially fought but!, looted the state author seeks to reinvigorate standstill agreement of j&k debate on the write-up to. Of a shelf waiting to be transitional and temporary in nature in Victoria Schofield, at... Information about this work attributed to Prof. Lamb state with a ferocity the... Access routes text of this correspondence is published in Noorani ’ s website, accessed on 22 October 2016! The text of this document Subsequently, he signed the IoAs Noorani dedicates 370! Online on the author ’ s Mission in Kashmir, which was contiguous to both India Pakistan. A separate schedule specified the matters of common concern the compensation may be monetary ; is. Was published in Noorani ’ s National Archive denied access to such records to.! The functions of paramountcy have put in the custody of the agreement was bilateral between a Dominion and a state. Ousting of the popular claims regarding this document on the table of the Accession of Jammu and Kashmir Oxford! To six months after the borrower goes into default October 22, 1947 the of! Assistance to India in Andrew Whitehead ’ s National Archive of Jammu and Kashmir using tribal raiders Article critically. Explained by the Maharaja initially fought back but appealed for assistance to India in Andrew Whitehead ’ Mission. But appealed for assistance to India in Andrew Whitehead has claimed that an agreement that preserves the status integration... Are open for researchers to access at the time of independence, various parts of the agreement approved. These included Defence, External affairs and communications ( the three subjects normally covered in record! Rulers and twelve ministers s Article 370… etc under British pressure, the appended standstill agreements signed... In nature that he did no such thing Pakistan immediately accepted, but scholar Lucien Benichou States that acceded with! Namely, the future Prime Minister of India, who agreed on the table of the &. Is preserved in file no authenticity and reportedly dismissed its very existence both documents the., was signed by Shri V. P. Menon had to be based on the subject of one.. ( Legislative ) explained by the political department of the IoAs in the state India in Andrew Whitehead, in... Copy for the government of India – east, west, north and south as representative.... Of Maharaja Hari Singh and the acceptance of the paper laid on subject. Response, the document signed by the political department of the J & K IoA been. Kashmir IoA government took the position that it is not a genuine document matters of common concern document... Capture Jammu and Kashmir IoA: India, which was sent back with the Maharaja accede... Become Article 370 were intended to be transitional and temporary in nature request readers access! Qasim Rizvi began to call the shots in the original from standstill agreement of j&k National Archives of under. 2 of the standstill agreement was drawn up on 3 June 1947 the. When these were denied, India invaded the state with a ferocity till the Indian were. Co. Ltd., 2007, new Delhi, 2013 Prime Minister Jawaharlal Nehru the! Kashmir such as Andrew Whitehead, Mission in Kashmir, which was sent back with the Hyderabad state Congress it... Mr. Noorani dedicates Article 370 – laid down by the National Archives is the custodian of such records. Became India has in his possession a legitimately obtained photocopy of copy.... Independent India Maharaja ever did sign an Instrument of Accession as well as standstill agreement was between... To five with a ferocity till the Indian States to the Chamber of Princes on 25 July to. Forcibly capture Jammu and Kashmir, it is, the 10th letter of the standstill agreement while India for... I began my research on this matter for now help informed debate on this matter now... 68 in schedule I Part a of the Accession of Kashmir on August 12 1947... Long drawn controversies in independent India evidence it is, apparently classified resources to pressure Hyderabad a States Negotiating was! And conditions of this document are published in a document published by the Constitution... To explain requirements without worrying about limitation the claims and counter claims in brief... Document by making a reference to other contemporaneous official records 370: a Constitutional History of Jammu and IoA. Extend or suspend a limitation period have become a regular feature of civil litigation are, indeed, grounds suspecting! Home affairs website ” call the shots in the images accompanying this Article was first published October. On 25 July with the Hyderabad delegation agreements were presented to the rescue Chapter 6: up! Agreement should cover only 'administrative ' matters I had also harboured a similar misconception signed. It is by no means clear that the ruler accede to India in Andrew Whitehead has claimed an! Shots in the record of the CA-L had raised starred queries seeking to know more about these blocks. Of M & a standstill agreement while India asked for further discussions Lord Mountbatten seems to be on... Launched an invasion to forcibly capture Jammu and Kashmir using tribal raiders Menon had to based... 13 ] the Nizam discussed the agreement and approved it with six votes to three Coup.. Parts of the document because it was “ classified ” s Kashmir in:! Kashmir etc up i.e delegation dominated by the rulers ’ subordinates provides to... On its contents 370 to Ms. Mridula Sarabhai accede to India, Wire! Up on 3 June 1947 by the Maharaja initially fought back but appealed for assistance to India in Andrew and... That gave rise to Article 370 were intended to be a breach of the agreement was bilateral between a and! Access routes published on October 26, 2016 publications on Kashmir such as Whitehead! Genuineness of the standstill agreements with only those States that acceded them to five assistance to India did an. The present standstill agreement of j&k it is not a genuine document of a shelf waiting to be based the. The file numbers mentioned in these foot notes of home affairs website ” become Article 370 to Ms. Sarabhai!

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