Instrument of Accession

Topic: Challenges of Nation Building: Partition, Princely States and Reorganisation · NCERT: Class 11, Ch 7 "Federalism"; Class 12, Ch 1 "Challenges of Nation Building"; Class 12, Ch 7 "Regional Aspirations"

Meaning

The Instrument of Accession was a legal document that the ruler of a princely state signed in 1947 to join (accede to) the Dominion of India. Usually the ruler handed over only three subjects: defence, external affairs and communications. Everything else stayed with the state at first.

It matters because it was the first legal step in bringing about 565 princely states into India. It also helped stop India from breaking into many small countries. The limited three-subject deal is also where India's later special arrangements for some regions began.

Explanation

Why it was needed: paramountcy lapsed

• Paramountcy (also called suzerainty) was the British Crown's power over the princes. The Crown controlled their defence and foreign relations. The princes ran their own internal affairs.
• The Indian Independence Act 1947, Section 7(1)(b), said "the suzerainty of His Majesty over the Indian States lapses" [5].
• All treaties between the Crown and the rulers ended [5].
• Paramountcy did not pass to India or Pakistan. Power went back to the rulers.

• Each state became legally free to join India, join Pakistan or stay independent [5].

• The danger was balkanisation (India breaking into many small countries).

• Travancore declared independence, and the Nizam of Hyderabad did the same the next day.

• The Nawab of Bhopal did not want to join the Constituent Assembly.

• A legal tool was needed to bring each state into India one at a time. The Instrument of Accession was that tool.

What it contained and how it worked

• Who signed: the ruler alone. The people of the state were never asked.
• What the ruler gave up: usually only defence, external affairs and communications.
• What the ruler kept: all other matters, at least at first.
• Who ran the process: the States Department/Ministry.
• It was headed by Sardar Vallabhbhai Patel, who was also Deputy Prime Minister and Home Minister.

• V.P. Menon was its Secretary [6].

• Patel's method: he worked "firmly but diplomatically". He used persuasion, backed by firm pressure where needed [7].

• His 1947 letter to the rulers warned that disunity would bring "anarchy and chaos".

Integration in two stages

1. Stage 1, accession: the ruler signed the Instrument of Accession and joined India on the three subjects. - A Standstill Agreement often ran alongside it. Under it, customs, posts, telegraphs and railways carried on as before while talks continued.

2. Stage 2, consolidation and democratisation: merger agreements dissolved the states into bigger units. - The ruler gave up full internal sovereignty (complete control over the state's own affairs). - In return, the ruler got privy purses (a fixed, tax-free yearly payment) and other privileges.

Limits and weak points

• Not democratic at the start: the choice lay with the ruler, not the people.
• Limited by design: three subjects only. This made it easier to sign, but full integration needed the second stage.
• Some rulers resisted: a few cases ended in pressure or force (see below).

In the Constitution and practice

• Legal basis: the Indian Independence Act 1947, s.7(1)(b), ended paramountcy. That gave the rulers the power to accede [5].
• The States Department: a PIB note says it was formed on 25 June 1947 [6]. Other accounts say it began work on 5 July 1947.
• How fast it worked: by 15 August 1947, almost every state bordering India had signed the Instrument of Accession.
• The hard cases were Junagadh, Hyderabad, Kashmir and Manipur.
• Junagadh: the Nawab chose Pakistan. India acted, and a plebiscite (a vote of the people) followed.
• Hyderabad: it was brought in through police/military action in September 1948.

• Kashmir and Manipur: these later got special arrangements. That links the limited accession to asymmetric federalism (when some states get different powers or status from others).

• After accession: merger and unions.

• Unions of states were formed under a Rajpramukh (a ruler chosen as formal head of the union, like a governor). Examples: Saurashtra, Matsya, Vindhya Pradesh, Madhya Bharat, PEPSU, Rajasthan and Travancore-Cochin.
• Some states merged into neighbouring provinces. For example, the 26 small Odisha states joined Orissa province.

• Some states came under central administration (run directly by the Centre).

• The price, written into the Constitution:

• Article 291 guaranteed privy purses [2].

• Article 362 protected the rulers' rights and privileges [3].

• The price withdrawn: the Constitution (26th Amendment) Act, 1971 did two things.

• It omitted Articles 291 and 362 [2][3].
• It inserted Article 363A, which ended recognition of the rulers and abolished privy purses [4].

• It came into force on 28 December 1971 [2].

• Lasting effect:

• Royal authority became democratic, electoral authority.
• Some former rulers stood for election. Gayatri Devi of Jaipur joined the Swatantra Party, and Vijaya Raje Scindia of Gwalior became a long-serving politician.
• 31 October has been marked as Rashtriya Ekta Diwas since 2014 to honour Patel [7].

Don't confuse with

• Standstill Agreement: a temporary deal that kept existing arrangements running (customs, posts, railways). It did not mean the state had joined India. Only the Instrument of Accession did that.
• Merger agreement: the second stage. Under accession the ruler gave up three subjects. Under a merger agreement the ruler gave up full internal sovereignty in return for privy purses.
• Paramountcy: the British Crown's power over the princes. It lapsed in 1947 and was not passed on to India [5]. Accession was a fresh, voluntary act by each ruler.
• Plebiscite: a vote by the people. Accession was decided by the ruler alone. A plebiscite was used only in special cases such as Junagadh.

Prelims Hooks

• The Instrument of Accession usually covered only three subjects: defence, external affairs and communications.
• Trap: under the Indian Independence Act 1947, the right to accede belonged to the ruler. It did not belong to the people or the Constituent Assembly [5].
• s.7(1)(b) of the Indian Independence Act 1947 made paramountcy lapse. It did not transfer paramountcy to India or Pakistan [5].
• The States Department was headed by Sardar Patel, with V.P. Menon as Secretary [6].
• By 15 August 1947, almost all bordering states had acceded. The exceptions were Junagadh, Hyderabad, Kashmir and Manipur.
• The 26th Amendment, 1971 omitted Articles 291 and 362 and inserted Article 363A, abolishing privy purses [2][3][4].

Mains Points

• Firm but flexible bargaining:
• Limited accession (three subjects), privy purses and regional flexibility made it easy for rulers to sign.
• Pressure was kept for holdouts such as Junagadh and Hyderabad.

• Balkanisation was avoided at low cost. This is a model of bargaining inside a federal system (GS-I/GS-II).

• Democracy vs. territorial integrity:

• Accession was the ruler's choice, and the people were never asked. That was a democratic flaw.
• But praja mandals (people's associations in the princely states) had long demanded responsible government.
• Force was used in only a few cases, mostly where a ruler went against the people's wishes.

• After integration came elections and fundamental rights, which gave it a democratic basis.

• The roots of asymmetric federalism:

• Three-subject accession and "flexibility for some regions" explain later special arrangements, such as J&K's special status and Manipur's special case.
• The 1971 removal of privy purses (Art. 363A) raises a question: can the state change constitutional promises made to specific groups for the sake of equality? [4]

Related concepts

• Princely states
• Paramountcy
• Standstill Agreement
• Integration of princely states

Read more

• Princely states: the problem and the strategy of integration