Examining Nehru’s role in Kashmir accession

UNION Law Minister Kiren Rijiju has alleged that Pandit Jawaharlal Nehru was responsible for delaying Kashmir’s accession to India by rebuffing Maharaja Hari Singh’s approaches in July 1947, a full month before Independence. The purpose of this article is to examine whether this allegation is historically correct.

Lord Louis Mountbatten’s book Report on the last Viceroyalty (March 22-August 15, 1947) and Vappala Pangunni Menon’s The Story of the Integration of the Indian States are the two primary first-person sources on Kashmir’s accession to India.

Mountbatten’s book was a collection of his weekly confidential reports to the then British Prime Minister Clement Attlee. In 1949, he circulated these in a book form among a few high personages in Britain, including King George VI. Its open version, edited by Lionel Carter, former Cambridge University librarian, appeared only in 2002.

VP Menon was continuously associated with our constitutional developments since 1917. In 1942, he became the Constitutional Adviser to the Viceroy. In 1947, Sardar Vallabhbhai Patel chose him as the Secretary of the ‘States Ministry’ to integrate 562 princely states into India. Menon wrote the two books fulfilling “a promise to the late Sardar Vallabhbhai Patel”: The Story of The Integration of The Indian States (1956) and The Transfer of Power in India (1957).

Mountbatten’s story starts on December 19, 1946, when he was designated as Viceroy. He arrived in India on March 22, 1947. The first person he met was Jawaharlal Nehru, on March 24, as he was the Vice-President of the Interim Government under him. The second was Sardar Patel, Member for Home Affairs, on March 25. He met Mahatma Gandhi on March 31 and had meetings with him daily till April 4. He met Jinnah on April 4.

The story on princely states and Kashmir starts on April 19 when Mountbatten recorded that he was disappointed with Nehru’s ‘inflammatory speech’ at Gwalior, giving an ultimatum to the rulers to either join the Constituent Assembly or to be treated as hostile. He bluntly told Nehru that he “considered his speech to be both mistimed and unfortunate.”

In June, a new ‘States Department’ was created to deal with the sensitive relationship with the princely states. Mountbatten says: “I was afraid that Pandit Nehru would insist on assuming charge of the new Department.” However, he was relieved that Nehru ‘agreed’ that Patel should take charge of it. “Mr V.P. Menon, my Reforms Commissioner, was, much to my delight, appointed as Secretary.”

Mountbatten then records how he parried requests from Gandhi and Nehru to visit Kashmir by saying that he had received an invitation from the “Maharaja of Kashmir, an old acquaintance, and that I would much prefer that they should let me go and have discussions with the Maharaja and his Prime Minister Pandit Kak.”

During his visit from June 18 to 23, he requested the Maharaja and Kak to take an early decision after ascertaining the wishes of the people and not to make any independence declaration. “I told them that the States Department were prepared to give an assurance that, if Kashmir went to Pakistan, this would not be regarded as unfriendly by the government of India.” However, the Maharaja pretended to be ill and avoided any further discussions. Before leaving Kashmir, Mountbatten requested Kak and Col Webb, the British Resident, to repeat his advice to the Maharaja.

In July, Mountbatten received a letter from the Maharaja who “begged me to not allow any leaders to visit his state, at all events before 15th August” as disturbances had started in neighbouring Punjab. This was when Gandhi and Nehru had sought permission to visit Kashmir. “Both the Maharaja and Pandit Kak heartily disliked Pandit Nehru.” Mountbatten consulted Patel, who felt that neither of them should go. Patel bluntly added: “If it is a choice between two evils, I consider that Gandhiji’s visit would be a lesser evil.”

The last entry on Kashmir in Mountbatten’s dairy was about Kak’s resignation on August 10 and the Maharaja’s continued dithering despite his direct advice to him and through the Resident to decide by August 15.

VP Menon’s book corroborates Mountbatten’s account and gives more details of the evasive strategy of the Maharaja and Kak. On Kak, he says: “I could not understand the man nor fathom his game.” He added that Mountbatten “subsequently arranged an interview between Kak and Jinnah.” This was before June. Regarding Mountbatten’s visit to Kashmir, he says: “He went so far as to tell the Maharaja that, if he acceded to Pakistan, India would not take it amiss and that he had the firm assurance on this from Sardar Patel himself.”

Kak was replaced by Major Gen Janak Singh as Prime Minister for a short time. Later, Meher Chand Mahajan was appointed as Prime Minister when Pakistan breached the ‘Stand-Still Agreement’ on October 22, 1947, by invading Kashmir. On the 24th, Mountbatten received a ‘desperate appeal’ from the Maharaja for help. On October 25, the Defence Committee chaired by Mountbatten met and asked Menon to visit Kashmir to assess the situation.

During his visit, Menon found that there was no police presence. Law and order was maintained only by National Conference volunteers ‘with lathis’. He advised the Maharaja and his family to move out of Srinagar as raiders had reached Baramulla.

On October 26, Menon reported to the Defence Committee. Mountbatten decided that Kashmir’s accession was a legal requirement before sending Indian troops. Menon then flew to Jammu, accompanied by Mahajan, to get the instrument of accession. When he returned with the document, Patel was waiting at the airport. They went straight to the Defence Committee which decided to accept the accession, adding a proviso that a plebiscite would be held when law and order allowed.

Menon, as Patel’s closest aide who handled Kashmir till the dispute was taken to the United Nations on Mountbatten’s advice on January 1, 1948, does not mention any such emissary from the Maharaja to Nehru in July. Decision-making on Kashmir till then was done by Patel-Mountbatten and not by Nehru.

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