Sibal: And we all accepted it. Here the issue is different. See the schedule.
CJI DY Chandrachud: Actually the resolution passed by the Constituent Assembly initially contemplated that residuary power would be with the State. It was between the time that the resolution and the eventual adoption of constitution that the residuary power came to Centre
Sibal: There is a schedule with this accession...the residuary power unlike states in India was vested in the State. It was quintessentially a truly federal marriage so to say.
Sibal: Now see the Instrument of Accession. There are very interesting snippets as to why this happened...it's obvious. 15th August was independence. He didn't accede. All other Maharajas did but he never wanted to. It's only in October this happened
Sibal (continues reading the letter): There was no electricity. They could not be controlled. There was no choice. He never wanted to accede.
Sibal reads Maharaja Hari Singh's letter to Lord Mountbatten on the event of Pakistan's invasion on J&K in 1947.
Sibal: The invaders came, they were armed,they had guns...the ruler realises that he cannot secure his own people. He had entered into a standstill agreement with Pakistan. India refused to enter into a standstill agreement with him. Thereafter what happens?