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Delhi Agreement 1952 Gktoday

By on December 6, 2020 in Uncategorized

The agreement was signed in the context of large-scale migration of members of minority communities between the two countries following attacks by majority communities on their respective territories. The Delhi Agreement, 1952 Kashmir government representatives with representatives of the Indian government and came to an agreement to support the main decisions of the Constituent Assembly of the State J-K. This agreement later became known as the Delhi Agreement, 1952. The main features of this agreement were: I. Given the uniform and consistent attitude of the Constituent Assembly of Jammu and Kashmir, that sovereignty remains in the state in all matters other than those mentioned in the accession instrument, the Indian government has agreed that the powers of the legislative power to be transferred to the Centre with respect to all other states. , with the exception of Jammu and Kashmir. in the latter case, they delegated to the state itself; ii. It was agreed between the two governments that persons residing in Jammu and Kashmir are considered citizens of India under Article 5 of the Indian Constitution, but that the state legislator was allowed to legislate on “state decisions of 1927 and 1932” to delegate special rights and privileges to “subjects of the state.” : the state legislator was also allowed to legislate for “state subjects” who travelled to Pakistan because of the municipal unrest of 1947, in the event of a return to Kashmir; iii. Since the Indian president enjoys the same respect in the state as in other Indian units, articles 52 to 62 of the Constitution concerning him should apply to the state. It was also agreed that the power to grant pardons, pardons and punishments, etc.; would also agree with the President of India iv. the EU government to say that the state should have its own flag in addition to the Union flag, but the government agreed that the state flag would not be a rival to the Union flag; it was also recognized that the Union flag in Jammu and Kashmir should have the same status and position as in the rest of India, but for historical reasons related to the struggle for freedom in the State, the need for the continuation of the State flag was recognized and the situation of Sadar-i-Riyasat was recognized; Although the Sadar-i-Riyasat was chosen by state law, it had to be recognized as such by the Indian president before its installation; In other Indian states, the head of state was appointed by the president and, as such, his candidate, but the person who was to be appointed head had to be an acceptable person to the government of that state; No one who is not acceptable to the government can be pushed on the state as head of state.

The difference in the case of Kashmir lies solely in the fact that Sadar-i-Riyasat is elected primarily by the legislative branch of the state itself, instead of being a candidate of the government and the president of India. With regard to the powers and functions of the Sadar-i-Riyasat, the following argument was agreed upon by mutual agreement. The head of state is a person recognized by the President of the Union on the recommendation of the legislative branch of the State; b. he is in office during the joy of the President; c. he may resign by writing under his hand addressed to the President; d. subject to the above provisions, the head of state is appointed for a five-year term from the time he takes office; e. provided that, despite the expiry of his term of office, he continues to take office until his successor comes into office” vi. with regard to fundamental rights, a number of fundamental principles agreed between the parties have been adopted; it was accepted that the citizens of the state should have fundamental rights.

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