Jammu and Kashmir was one of about 565 princely States of India on which the British paramountcy lapsed at the stroke of midnight on August 15, 1947. While the power was transferred to the people in British India, the rulers of the princely States were given an option to join either of the two Dominions – India or Pakistan.
In theory, rulers were allowed to accede their States to either Dominion, irrespective of the wishes of their people; but as a practical matter, they were encouraged to accede to the
geographically contiguous Dominion, taking into account the wishes of their people and in cases where a dispute arose, it was decided to settle the question of accession by a plebiscite, a scheme proposed and accepted by India. Being a Muslim majority State and contiguous to Pakistan, Kashmir was expected to accede to Pakistan; since the Hindu Ruler acceded instead to India, a dispute arose in the case of Kashmir.
The Government of India Act 1935, as adopted in the Indian Independence Act, 1947, provided, "An Indian State shall be deemed to have acceded to the Dominion if the Governor General has signified the acceptance of an Instrument of Accession executed by the rule thereof." India, Pakistan and even Britain were party to these provisions. So the choice of joining either of the Dominions was left to the Rulers of the States concerned. Moreover, in the Indian Independence Act, 1947, there was no provision for any conditional accession.
The Ruler of Jammu and Kashmir, Maharaja Hari Singh did not exercise the option immediately and instead offered a proposal of Standstill Agreement to both the Dominion, pending final decision on State’s accession. On August 12, 1947, the Prime Minister of Jammu and Kashmir sent identical communications to the Government of India and Pakistan which read, "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." Pakistan accepted the offer and sent a communication to J&K Prime Minster on August 15, 1947. It read, "The Government of Pakistan agrees to have Standstill Agreement with Jammu and Kashmir for the continuation of existing arrangements …". India did not agree to the offer and advised the Maharaja to send his authorized representative to Delhi for discussion on the offer.
Pakistan, though signed a stand-still agreement, was eyeing on J&K and anticipated that the Maharaja would accede to Pakistan. When he hesitated to do this, Pakistan launched a guerrilla infiltration of Pashtun tribals on October 22 meant to frighten its ruler into submission. On October 24, Maharaja appealed to India for military help, on October 25, India expressed unability to send any troops to a territory that didnot belong to it.
The Quit Kashmir movement claimed its first significant victim. Against his will and wish, Maharaja Hari Singh had to leave his home in Kashmir. Accompained by his family he drove down to Jammu. During entire journey, he remained silent. When he arrived at Hari Niwas, Jammu, he said quitely : 'We have lost Kashmir.'
On an historic day, October 26, finally, Maharaja acceded to the Indian Union after signing the Instrument of Accession and history was written and India was enthroned with the so called - The Crown of India - J&K.
