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The Delhi Agreement was a political accord between the union 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, 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. The agreement established the framework for the state autonomy while addressing matters such as citizenship, sovereignty, and legal jurisdiction.

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.

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.

Background

After Maharaja Hari Singh, the ruler of Jammu and Kashmir, signed the Instrument of Accession 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, tensions arose between India's attempts to integrate the state and the desire of Kashmiri leaders, particularly Sheikh Abdullah, to maintain autonomy.

The Delhi Agreement was conceived to address these challenges, with discussions led by prime minister Jawaharlal Nehru and Sheikh Abdullah's representatives. The agreement was formalized on 24 July 1952, intending to define the relationship between Jammu and Kashmir and India more clearly.

Provisions

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. 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.
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.
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.
7. Financial Relations: Financial arrangements between India and the Jammu and Kashmir were to be finalized in further negotiations.

Implementation and fallout

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.

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. 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.

International and Legal Implications

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.

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.

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.

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.

See also

• Instrument of Accession
• Article 370 of the Indian Constitution
• Jammu and Kashmir Constituent Assembly
• Abrogation of Article 370