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Delhi Agreement of 1952

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Delhi Agreement
Agreement between India and Constituent Assembly of Jammu Kashmir Kashmir
TypeAccession
ContextEstablish Jammu and Kashmir's political autonomy within the Indian union and incorporated into the Indian constitution under Article 370
Signed24 July 1952; 72 years ago (1952-07-24)
LocationDelhi, India
Effective14 May 1954; 70 years ago (1954-05-14)
ExpirationPerpetual validity
SignatoriesJawaharlal Nehru
(Prime minister of India)
Sheikh Abdullah
(Prime minister of Jammu and Kashmir and the leader of National Conference)
Parties
Ratifiers
Effected by the revocation of Article 370 in 2019

The Delhi Agreement, sometimes referred to as the Nehru–Abdullah Agreement,[1] was a political accord between the government of India and the Jammu and Kashmir Constituent Assembly government led by Sheikh Abdullah. Signed between Sheikh Abdullah, the prime minister of Jammu and Kashmir, and Jawaharlal Nehru, the prime minister of India in 1952,[2] it aimed to determine the constitutional relationship between the Indian union and the Jammu and Kashmir, following the accession to India in 1947 under specific conditions.[3] The Agreement, which, according to some sources such as The Tribune, was literally a political understanding that formed the foundation for Article 370, creating a constitutional framework designed to balance Kashmir's autonomy with India's sovereignty[4] while addressing matters such as citizenship, sovereignty, and legal jurisdiction.[5]

This agreement was bilateral in nature, aiming to balance Kashmir's demand for autonomy with India's goal of national integration. It was not a legal treaty but rather a political understanding that required acceptance by both the Indian parliament and the Jammu and Kashmir constituent assembly.[3] Though political in nature, the agreement influenced constitutional, legal, and administrative frameworks, thereby making it a constitutional-political agreement. However, its effectiveness was limited, as many provisions were later contested, altered, or eroded over time.[6][7]

Background

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After Maharaja Hari Singh, the ruler of Jammu and Kashmir, signed a legal document in 1947, the state joined India in matters of defense, communication, and foreign affairs. However, Jammu and Kashmir retained significant internal autonomy, protected under Article 370 of the Indian constitution. Over time, differences arose between India's attempts to integrate the state and the desire of Kashmiri leaders, particularly Sheikh Abdullah, to maintain autonomy.[8]

Around the same time in 1952, the Jammu Praja Parishad, a Hindu-majority political group from Jammu led by Rashtriya Swayamsevak Sangh (RSS) submitted a memorandum to the president of India. The memorandum demanded the complete application of the Indian constitution to Jammu and Kashmir, rejecting the state's special autonomy.[9] In response to the political violence, the Indian government summoned a delegation from the state to Delhi, leading to the formulation of the Delhi Agreement of 1952.

The Delhi Agreement reaffirmed Jammu and Kashmir's special status under Article 370 and outlined the state's autonomy while integrating it into the Indian union. However, the Jammu Praja Parishad was dissatisfied with the agreement and subsequently launched an agitation in Jammu division, demanding full integration with India.[10]

Two years after its formalization on 24 July 1952, the Delhi Agreement came into force through a presidential order issued by the government of India on 14 May 1954,[11] intended to determine the political relationship between Jammu and Kashmir and India more clearly.[3]

Constitutional status

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While the Constituent Assembly of Jammu and Kashmir was still working on drafting a final constitutional document, prime minister Jawaharlal Nehru sought an interim understanding with Sheikh Abdullah regarding the future relationship between the Indian union and the state of Jammu and Kashmir. To this end, a series of negotiations took place in Delhi between representatives of the Jammu and Kashmir government, led by the National Conference, and the government of India. The outcome of these discussions was formalized on 24 July 1952 in what became known as the Delhi Agreement. However, some sources, including the Daily Excelsior, argued that the agreement did not hold any constitutional validity.[12]

Provisions

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  1. Head of State: The maharaja of Jammu and Kashmir was formally replaced by a sadr-e-Riyasat (head of state), elected by the state legislature.[13] However, the appointment required recognition by the president of India.
  2. Prime minister title: The elected head of the government in Jammu and Kashmir retained the title of prime minister (wazir-e-azam) rather than chief minister.
  3. Flags: Both the Indian national flag and the state flag of Jammu and Kashmir were to be used in the state. The Indian flag was accorded the same status as in other parts of India.[14]
  4. Citizenship: Citizens of Jammu and Kashmir were also recognized as Indian citizens. However, the Jammu and Kashmir legislature retained the power to define "permanent residents" and their privileges, including rights to property and employment within the state.
  5. Supreme Court Jurisdiction: The Supreme Court of India was granted limited jurisdiction in state, focusing on disputes between the union and the state, as well as cases involving fundamental rights that the Jammu and Kashmir government agreed to recognize.[14]
  6. Emergency Provisions: Emergency powers under Article 352 of the Indian constitution could be extended to Jammu and Kashmir only in the case of external aggression. For internal disturbances, the state's request or concurrence was required.[14]
  7. Financial Relations: Financial arrangements between India and the Jammu and Kashmir were to be finalized in further negotiations.[13]
  8. State subject: The Agreement included a provision regarding the state subject notifications of 1927 and 1932. It granted the state legislature the authority to enact laws for individuals originally classified as 'state subjects' who had migrated to Pakistan due to partition of 1947, ensuring their legal status and rights would be restored if they decided to return to the state.[15]

Implementation and fallout

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The Delhi Agreement was seen as an attempt to strike a balance between autonomy and integration. While it was accepted by the parliament of India, opposition arose from political groups like the Jana Sangh, which advocated for full integration of the Jammu and Kashmir into India. Some Kashmiri leaders also expressed dissatisfaction, feeling the agreement did not fully guarantee the autonomy of the state.[3]

In 1953, Sheikh Abdullah began expressing doubts about the agreement, citing communal violence in India and concerns about India's centralizing policies. This led to his dismissal and arrest in August 1953, marking a political shift in the politics of Jammu and Kashmir.[16] Bakshi Ghulam Mohammad replaced Abdullah as prime minister, and the state's gradual integration into India continued. Many of the provisions of the Delhi Agreement were undermined over time, particularly after the extension of more Indian laws to Jammu and Kashmir such as the Jammu and Kashmir (Extension of Laws) Act, 1956.[3]

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The agreement did not fully resolve the Kashmir dispute. The United Nations Security Council (UNSC) continued to monitor the situation and passed several resolutions calling for demilitarization and a plebiscite in Kashmir. The convening of the Jammu and Kashmir Constituent Assembly in 1951, which adopted the state's constitution in 1956, was criticized by the UNSC. The Council declared that these actions did not constitute a legitimate resolution of the Kashmir issue. However, by 1951, both countries had failed to implement full demilitarization.[3][12]

The Agreement, with its provisions for dual citizenship, a special flag, and limited Supreme Court jurisdiction, was viewed by some international observers as India's attempt to reinforce accession of the state without addressing the UN's call for a plebiscite. This created further conflicts with Pakistan, which insisted that only a plebiscite under UN supervision could resolve the dispute.[3][12]

The Agreement sought to formalize the special status of the Jammu and Kashmir within the Indian Union through Article 370. However, the legal framework it created was inherently complex and left room for conflicting interpretations. While India treated the Jammu and Kashmir as an integral part of the Union, the agreement confirmed the state's right to retain internal autonomy. This delicate arrangement meant that the legal disposition of Kashmir remained ambiguous, leading to continuing disputes between India, Pakistan, and Kashmiri political actors.[3][12]

The Delhi Agreement complicated the UN's mediation process. Pakistan argued that by solidifying the relationship between India and the Jammu and Kashmir, India was undermining the UN's call for a plebiscite. The UN Security Council's resolution of 23 December 1952 reaffirmed that the convening of the Jammu and Kashmir Constituent Assembly—and any decision it made—would not constitute a legitimate resolution of the Kashmir dispute.[3][12]

See also

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Further reading

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  • "In Supreme Court of India Original Writ / Appellate Jurisdiction" (PDF). Supreme Court of India. Retrieved 21 Oct 2024.
  • Kumar, Radha (2020). "Is Kashmir's Autonomy History?". Social Scientist. 48 (7/8 (566-567)): 29–40. ISSN 0970-0293. JSTOR 26978884. Retrieved 21 Oct 2024.
  • O., S. (1953). "The Kashmir Problem: End of a Stalemate?". The World Today. 9 (9). Royal Institute of International Affairs: 393–399. ISSN 0043-9134. JSTOR 40392670. Retrieved 21 Oct 2024.

References

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  1. ^ Noorani, A.G. (15 Sep 2000). "Article 370 and its provisions has at times worked against the interests of those at the Centre, with charges of constitutional abuse and political fraud being levied against the Central government. Is there a way out?". Frontline. Retrieved 21 Oct 2024.
  2. ^ Goyal, Shikha (1 Aug 2019). "What is Article 35A?". Jagranjosh.com. Retrieved 21 Oct 2024.
  3. ^ a b c d e f g h i Life, Kashmir (22 Sep 2016). "#DelhiAgreement of 1952 Explained". Kashmir Life. Retrieved 21 Oct 2024.
  4. ^ "Article 370 and the Nehru-Abdullah understanding". The Tribune. 23 Dec 2023. Retrieved 21 Oct 2024.
  5. ^ "Chapter 4 Negotiating the Delhi Agreement: 1952". Oxford Academic. Retrieved 21 Oct 2024.
  6. ^ Rajagopal, Krishnadas (8 Aug 2018). "An Article on J&K". The Hindu. Retrieved 21 Oct 2024.
  7. ^ Kumar, Ajay (28 Aug 2018). "Abolishing Article 35A will dilute autonomy granted under Article 370 for Jammu and Kashmir, breach UN resolution". Firstpost. Retrieved 21 Oct 2024.
  8. ^ "Article 35A of the Constitution- An overview" (PDF). Lok Sabha Secretariat Intranet. Retrieved 21 Oct 2024.
  9. ^ Dulat, AS (5 Aug 2019). "Centre should now be ready to face consequences, says, Vajpayee's adviser on Kashmir". The New Indian Express. Retrieved 21 Oct 2024.
  10. ^ "1952. The Delhi Agreement and Praja Parishad agitation of Jammu". The Dispatch. 29 Jul 2023. Retrieved 21 Oct 2024.
  11. ^ Masoodi, Faiqa (4 Sep 2023). "(Un)Making Art 370". Kashmir Life. Retrieved 21 Oct 2024.
  12. ^ a b c d e Excelsior, Daily (1 Aug 2017). "Genesis of Articles 370, 35A & Delhi Agreement". Daily Excelsior. Retrieved 21 Oct 2024.
  13. ^ a b "The Delhi Agreement, 1952". South Asian Terrorism Portal. 1 Jun 2001. Retrieved 21 Oct 2024.
  14. ^ a b c "From the 1953 Agreement". Frontline. 7 Jul 2000. Retrieved 21 Oct 2024.
  15. ^ Life, Kashmir (24 Jul 2010). "The Delhi Agreement 1952". Kashmir Life. Retrieved 21 Oct 2024.
  16. ^ Kumar, Ravinder; Nehru, Jawaharlal; Prasad, H. Y. Sharada; Wagner, Christian; Richter, Justus (1999). "How and Why Nehru and Abdullah Fell Out". Economic and Political Weekly. 34 (5): 268–272. ISSN 0012-9976. JSTOR 4407602. Retrieved 21 Oct 2024.
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