Home > Indian History > History of India > Delhi Agreement 1952
Delhi Agreement 1952
The representatives of Kashmir conferred with the representatives of Indian Government & signed this agreement in 1952.

Share this Article:

After the Constituent Assembly of the Kashmir state had taken important decisions referred to immediately above, it was deemed necessary to receive the concurrence of the Indian Government. Accordingly, the representatives of Kashmir Government conferred with the representatives of Indian Government and arrived at an agreement. This arrangement was later on known as the "Delhi Agreement, 1952".

The main features of this agreement were:

•In view of the uniform and consistent stand taken up by the Jammu and Kashmir Constituent Assembly that sovereignty in all matters other than those specified in the Instrument of Accession continues to reside in the State, the Government of India agreed that, while the residuary powers of legislature vested in the Center in respect of all states other than Jammu and Kashmir, in the case of the latter they vested in the State itself;


•It was agreed between the two Governments that in accordance with Article 5 of the Indian Constitution, persons who have their domicile in Jammu and Kashmir shall be regarded as citizens of India, but the State legislature was given power to make laws for conferring special rights and privileges on the `state subjects` in view of the `State Subject Notifications of 1927 and 1932: the State legislature was also empowered to make laws for the `State Subjects` who had gone to Pakistan on account of the communal disturbances of 1947, in the event of their return to Kashmir;


•As the President of India commands the same respect in the State as he does in other Units of India, Articles 52 to 62 of the Constitution relating to him should be applicable to the State. It was further agreed that the power to grant reprieves, pardons and remission of sentences etc; would also vest in the President of India.


•The Union Government agreed that the State should have its own flag in addition to the Union flag, but it was agreed by the State Government that the State flag would not be a rival of the Union flag; it was also recognized that the Union flag should have the same status and position in Jammu and Kashmir as in the rest of India, but for historical reasons connected with the freedom struggle in the State, the need for continuance of the State flag was recognized.


•There was complete agreement with regard to the position of the Sadar-i-Riyasat; though the Sadar-i-Riyasat was to be elected by the State Legislature, he had to be recognized by the President of India before his installation as such; in other Indian States the Head of the State was appointed by the President and was as such his nominee but the person to be appointed as the Head, had to be a person acceptable to the Government of that State; no person who is not acceptable to the State Government can be thrust on the State as the Head.

The difference in the case of Kashmir lies only in the fact that Sadar-i-Riyasat will in the first place be elected by the State legislature itself instead of being a nominee of the Government and the President of India. With regard to the powers and functions of the Sadar-i-Riyasat the following argument was mutually agreed upon.
a. The Head of the State shall be a person recognized by the President of the Union on the recommendations of the Legislature of the State;
b. He shall hold office during the pleasure of the President;
c. He may, by writing under his hand addressed to the President, resign his office;
d. Subject to the foregoing provisions, the Head of the State shall hold office for a term of five years from the date he enters upon his office;
e. Provided that he shall, notwithstanding the expiration of his term, continue to hold the office until his successor enters upon his office.


•With regard to the fundamental rights, some basic principles agreed between the parties were enunciated; it was accepted that the people of the State were to have fundamental rights. But in the view of the peculiar position in which the State was placed, the whole chapter relating to `Fundamental Rights` of the Indian Constitution could not be made applicable to the State, the question which remained to be determined was whether the chapter on fundamental rights should form a part of the State Constitution of the Constitution of India as applicable to the State;


• With regard to the jurisdiction of the Supreme Court of India, it was accepted that for the time being, owing to the existence of the Board of Judicial Advisers in the State, which was the highest judicial authority in the State, the Supreme Court should have only appellate jurisdiction;


•There was a great deal of discussion with regard to the "Emergency Powers", the Government of India insisted on the application of Article 352, empowering the President to proclaim a general emergency in the State; the State Government argued that in the exercise of its powers over defence (Item 1 on the Union List), in the event of war or external aggression, the Government of India would have full authority to take steps and proclaim emergency but the State delegation was, however, averse to the President exercising the power to proclaim a general emergency on account of internal disturbance.

In order to meet the viewpoint of the State`s delegation, the Government of India agreed to the modification of Article 352 in its application to Kashmir by the addition of the following words:
"but in regard to internal disturbance at the request or with the concurrence of the Government of the State."

At the end of clause (1):
Both the parties agreed that the application of Article 356, dealing with suspension of the State Constitution and 360, dealing with financial emergency, was not necessary.

The facts analyzed above make it clear that the State of Jammu and Kashmir enjoys a special position in the Union of India, and this position of the State has been permitted by Article 2 of the Constitution itself. " In arriving at this arrangement", declared Sheikh Mohammad Abdullah, the then Prime Minister of Jammu and Kashmir, "the main consideration before our Government was to secure a position for the State which would be consistent with the requirements of maximum autonomy for the local organs of the State power which are the ultimate source of authority in the State while discharging obligations as a Unit of the federation".

The Jammu and Kashmir Constituent Assembly discussed this arrangement and finally adopted a motion of approach on August 21, 1952. The agreement was discussed in the Union Parliament on August 7, 1952 and accepted.

But inspite of all these discussions and decisions in the Kashmir Constituent Assembly, the implementation of the agreement was not forthcoming. This aroused suspicion in the minds of the public about the intentions of the leaders of the Government. In the working committee of the National Conference there was sharp criticism of the Government`s policy. There was a serious rift in the Cabinet itself. The difference of opinion reached a peak when Sheikh Abdullah, instead of implementing the agreement, started advocating secession, which would make Kashmir an `independent State`. The people of the State were quick to perceive the danger of such a course for they had seen that the tribal attack in 1947, which had caused much devastation, was a direct consequence of Kashmir`s isolated position.

There were `inflammatory rumours that United States was backing the Kashmir`s independence". Sheikh Abdullah was accused both by his colleagues in the Cabinet and by the public outside of trying to create a State for himself. In fact, three members of the Cabinet submitted a memorandum to Sheikh Abdullah accusing him of various charges. It soon became obvious that the capacity of the Administration to function efficiently was doubtful. The whole matter was spotlighted, when the Sadar-i-Riyasat, who, taking cognizance of the situation, on August 8, 1953, dismissed Sheikh Abdullah from the post of Prime Minister of Kashmir and dissolved the Cabinet.


Share this Article:

Subscribe to Newsletter
Learn unknown facts about India from a curated list of informative articles.

Related Articles

More Articles in History of India

History of Indian Drama
History of Indian Drama is rich with Vedas and Indian epics and has gradually changed with time and remains unaffected by any foreign influence.
History of Khajuraho Temple
Located in the Chhatarpur district of Madhya Pradesh, Khajuraho is country’s most magnificent groups of temples.
History of Ayurveda
History of Ayurveda dates back to 5,000 years old and is widely considered to be the oldest form of health care in the world.
History of Uttar Pradesh
The state was the heart of Mahabharata war and the history of Uttar Pradesh is very much the history of India. The place finds its mentions in Hindu epics Ramayana and Mahabharata.
History of Indian Photography
An overview of the development of photography, through the various stages in India.
History of Delhi
History of Delhi began with the advent of Indian regal dynasties. Delhi witnessed the rise and fall of Hindu dynasties, Muslims and the British as well.
History of Indian Radio
History of Indian Radio dates back to late 1930s with the first establishment of All India Radio in 1936 that improved further after independence.
History of Punjab
History of Punjab dates back to the 16th century; however its formation is traced in the great epic Mahabharata.
History Of Archaeology In India
History of archaeology in India contributes a lot to define the past history and the social life of India.
History of Maharashtra
Maharashtra, the land of charismatic Marathas, unfolds the legend of diverse culture and tradition, keeping in pace with the modernity. The gallant history of Maharashtra is still echoed amidst its historical relics and archeological wonders.
History of Kerala
History of Kerala can be interpreted from the inscriptions of Ashoka, Mauryan Emperor. History of Kerala is as interesting as its wide-ranging geographical features that make the land a place of versatile appeal.
History of Bihar
History of Bihar goes back to the very dawn of the human civilizations. Many eminent personalities and leaders from Bihar contributed for India’s freedom struggle.
History of Assam
In the ancient Indian epics like Ramayana and Mahabharata, Assam was known as `Kamarupa` or `Pragjyotish`. In the Mahabharata, the Puranas, the Tantras there are references of Assam as Kamrupa kingdom.
History of Andaman and Nicobar Islands
History of Andaman and Nicobar Islands dates back to the settlement of the East India Company in the territory of the Islands.
History of West Bengal
History of West Bengal is rooted in richness and is an important episode in the history of India. The history of Bengal played an important role in shaping the history of India.
History of Jharkhand
One of the fairly newer states, Jharkhand was carved out of the southern portion of Bihar in 2000. The history of Jharkhand is seeped with a variety of cultural significances starting from the Vedic era to Mughal period and finally the British administration.
History of Sikkim
History of Sikkim declares the pre historic culture and the colonial era hilly politics and the rules of Sikkim.
History of Nagaland
The history of Nagaland mainly revolves around and deals with the customs and economic activities of the Naga Tribes and how the state has evolved since the Indian Independence.
History of Mizoram
History of Mizoram includes the various historical events and incidents which occurred during the various ages, right from before the age of the Mughals.
History of Jammu & Kashmir
History of Jammu and Kashmir involves a series of political and geographical transformations from every ancient era to the modern times also. Even now, Jammu and Kashmir has its political tension between Pakistan and India.
History of Puducherry
Puducherry was invaded by different invaders in different times. The invaders include Pallava Kingdom of Kanchipuram, dynasties of the South, Cholas of Thanjavur, Pandyas and Muslim invaders.
History of Chandigarh
In 1947, the British India was partitioned into India and Pakistan. Punjab was also included in this partition. So, there was a need for a new capital for Punjab, as the old capital Lahore became part of Pakistan during the partition. So, in 1948, under the leadership of chief architect Mr. P.L. Verma the construction of Chandigarh city began.
History of Daman and Diu
During the early stage, i.e. from 8th to 13th century, Daman and Diu was part of Goa.
History of Lakshadweep
History of Lakshadweep defines the first settlement on these islands under the Union Territory of India that was ruled by Cheraman Perumal, who was the last king of Kerala.
History of Karnataka
History of Karnataka comprised of the different rulers of different dynasties of various religions like Hindus, Buddhists, and later the Muslims.
History of Goa
History of Goa dates back to the 3rd century BC and reflects the rule of the mighty rulers and gained its independence under Jawaharlal Nehru.
History of Arunachal Pradesh
Arunachal Pradesh possesses a rich historical heritage of culture of the ancient tribes. Being a bordering state of India, Arunachal Pradesh also has a history of military unrest since ancient Indian age.
History of Andhra Pradesh
History of Andhra Pradesh traces its origin back to the 5th century BC. According to the inscriptions, Kuberaka, the oldest Kingdom in South India had an empire in the coastal Andhra during that period.
History of Himachal Pradesh
History of Himachal Pradesh narrates about the various settlements and dynasties that emerged in the region over time.
History of Uttarakhand
History of Uttarakhand finds mention in the early Hindu scriptures as Kedarkhand, Manaskhand and Himavat. Uttarakhand is called as the Land of the Gods (Dev Bhoomi) because of its various holy places and shrines.
History of Rajasthan
The history of Rajasthan is dotted with tales of valor, chivalry, camaraderie and romance.
History of Tamil Nadu
History of Tamil Nadu reveals that this ancient place in South India was ruled by various kingdoms like the Pandyas Dynasty, Cholas Dynasty, Nayakas Dynasty and Pallavas Dynasty.
History of Haryana
History of Haryana depicts various events and influences that have cast a profound effect on the culture and people of the district. The place gained statehood on 1st of November 1966
History of Odisha
History of Odisha goes back a rather long way. Most of the history of the state is replete with the dynastic as well as tribal struggle for territorial superiority. Odisha is a place where one can find the religion, culture and history flow in away that lead to cultural amalgamation of early India.
History of Manipur
History of Manipur can be traced back to the prehistoric ages and this was followed by a number of rulers who reigned the land from age to age till it came under British rule and later joined the union of India.
History of Gujarat
History of Gujarat can be dated back to the 14th century that later witnessed the supremacy of many powerful dynasties.
History of Tripura
History of Tripura is dealing with the early mythological history and the history of British rule in North eastern part of India.
History of Meghalaya
The history of Meghalaya predominantly comprises of the three tribes of the state- Garo, Khasi and Jaintia tribes. Later on Meghalaya was formed by carving out two districts from the state of Assam.
History of Chhattisgarh
History of Chhattisgarh dates back to the era of epics and traces through the reign of powerful dynasties in India like Marathas. The area developed a rich cultural heritage during British era.