Author: P.C. Dogra
Publication:
Date:
The other day in an exclusive interview to
Hindustan Times, Hon'ble Home Minister had observed that there was a need
to look in to the promises made in the 1952 Delhi Agreement, Indira-Sheikh
Accord and that of 1986 understanding. I shall deal with only Delhi Agreement
as it is the basis of the autonomy and the self rule demands of the political
elite of the Kashmir valley.
1952 Delhi Agreement is a follow up to the
article 370 inserted in the constitution of India. The instrument of accession
signed by Maharaja Hari Singh at the time of the tribal invasion of Kashmir
was similar to the one signed by the rulers of other states of India. How
ever, in the case of J&K, the Govt. of India decided that it was the people
of the state acting through the constituent Assembly to first endorse the
accession to India and then determine the constitution of the state and the
jurisdiction of the Union of India. This is how Art. 370 came in to being.
It was a temporary provision inserted till the accession and thereafter Delhi
Accord was ratified by the constituent Assembly of J&K.
Another important factor was the requirement
of holding plebiscite. Dr Karan Singh has observed in his book 'Heir Apparent'
that "Plebiscite being the watch word at that time, this became the trump
card in the hands of Sheikh Abdullah. As the man who was supposed to win the
plebiscite for India, he could demand his pound of flesh" "It became
a main source of trouble and difficulty later" Mr G. Ayyangar, the then
Minister for Kashmir Affairs expressed hope that "In due course Jammu
and Kashmir will become ripe for the same sort of integration as has taken
place in case of other states" It resulted in a dual citizenship. Indians
do not become automatically the citizens of J&K. The state has separate
constitution and a separate flag.
What is Delhii Agreement? On July 24, 1952,
Pt. Jawahar Lal Nehru announced in the Parliament, the signing of an agreement
with Sheikh Abdullah. As per Josef Korbel from his book 'Danger in Kashmir'
"It gave to Kashmir, special rights which other princely states never
had like … It was agreed that the hereditary ruler would be replaced
by a Head of state to be elected by the constituent Assembly/state assembly
for a term of 5 years however subject to rectification by the President of
India Secondly fundamental rights that are guaranteed by the Constitution
of India will apply to J&K subject to the provision that they will not
be applicable to the program of land reforms including the expropriation of
land without compensation nor they should adversely affect the security measures
undertaken by the state Govt.
Thirdly that the Kashmir legislature "
shall have the power to define and regulate the rights and privileges of the
permanent residents of the state, more especially in regard to the acquisition
of immovable property, appointments to services and like matters"
Fourthly The jurisdiction of the Supreme court
of India was to be limited as regards Kashmir, to inter state disputes, to
the fundamental rights applicable to the state and to matters of defense,
foreign Affairs and communications. The Govt. of India wanted the Supreme
Court to be the final court of appeal in civil and criminal cases. But Sheikh
did not agree and left it open.
The national flag of India was accepted to
be the supreme but the Kashmir state flag was also to be maintained. In financial
matters, the Govt. of India wanted integration but Sheikh got it postponed.
The most important provision of the agreement
was the emergency powers of the President of India. As per Art.352 of the
Indian Constitution, President has the power to declare emergency in case
of invasion, external danger or internal disturbance. But as per the agreement
in case of internal disturbance, emergency can only be declared at the request
or the concurrence of the Govt. of the state.
Pt Nehru while making a statement on Delhi
Agreement on July 1952 had described "the article an unusual provision
and by no means final"
Now a word about the Mind set of Sh. Sheikh
Abdullah. Josef Korbel mentions about the National Conference meet held in
Sept. 1949 in Sri Nagar which was attended by Prime Minister Nehru. He says
"Celebrations were held at a large scale. During the entire celebration,
when the Sri Nagar wore a festive appearance with flags…the Indian National
Flag was conspicuous by its absence.
The state flag of the ruling dynasty had practically
disappeared…The flag of the national conference which has been adopted
as the state flag is perhaps rightly flown all over the place" wrote
an Indian News paper Hindu, Sept. 29-1949"
Dr Karan Singh the then Sadar-e-Riyasat has
observed that "A week after assuming the office of Sadar-i-Riyast, the
Govt. moved down to Jammu for the winter. At the Jammu Secretariat "The
old state flag having been hauled down. I had suggested to the Govt that along
with the new flag, the National flag should also be hoisted. This was sharply
turned down by Sheikh and so I in turn declined the suggestion that I should
personally hoist the new flag"
Christopher Thomas has said in his book Fault
line Kashmir that " Soon after reaching the 1952 Delhi agreement with
Nehru, Sheikh had started distancing himself from it by raising once more
the spectacle of substantial or complete independence for Kashmir." Even
after the Delhi Accord had been ratified by the State constituent Assembly,
Sheikh Abdullah said immediately thereafter " A time will come when I
will bid them goodbye"
"He spurned appeals from Nehru. Nehru
felt betrayed" He wrote to Sheikh in Sept. 1953 "To me, it has been
a major surprise that the settlement arrived at between us should be by-passed,
repudiated. That strikes at the root of all confidence. My honour is bound
up with my word" Dr Karan Singh told Pt. Nehru "I was shocked and
astounded to gather from a private meeting with Sheikh Abdullah last week
that he seems to have decided to go back upon solemn agreements which he has
concluded with India and upon his clear commitments. He further says "Again
in another meeting with Nehru at Delhi in Nov. 1952, Pt. Nehru "repeated
some of the perplexity that he was beginning to feel in dealing with Sheikh
Abdullah" He was arrested in 1953.
Who reneged on the commitments made?
Now Let us examine the recommendations of the State Autonomy Committee constituted
by the National Conference Govt. It is strongly in favor of the restoration
of pre-1953 status of J&K which means that:-
o Central Govt will have control over defense, foreign affairs and communications
only.
o J&K will remain out of the purview of
Supreme Court of India.
o Central Election Commission will have no
jurisdiction over J&K.
o Comptroller and Auditor General will have
nothing to do with the auditing of the financial transactions of the state.
o Article 370 to be made permanent.
o The state will have its own President (Sadr-e-Riyast)
and the Prime Minister.
o All the laws promulgated after 1953 will
be repealed.
o National flag will fly only on the Central
Govt buildings.
o President can not impose President's rule
without the concurrence of the state.
o Provisions of the constitution of India
relating to the All India services will not apply to J&K Does it not lead
to a practically independent J&K? and totally against the wishes of the
people of Jammu and Ladakh who want total integration with India? Can the
Indian Nation afford the reversion to pre-1953 status in J&K
