Confidential
(Sheikh Mohammad Abdullah) Phone No. 2178 Mujahid Manzil,
Srinagar (Kashmir),
November 25, 1974
My dear Indira Ji,
Mirza Mohammad Afzal Beg has written to me that he and Shri G Parthasarthi have reached the conclusions in regard to constitutional matters concerning the relationship between Jammu and Kashmir State and the Union of India. At our instance they had detailed discussions on these matters and I have received copies of documents from Mr Beg containing points on which agreement has been reached between them and those over which no agreement could be reached.
I have several times explained to you my point of view in regard to matters on which the two emissaries have disagreed. I trust you will kindly accommodate our view point to enable me to achieve the main objective.
Some points have been left over for settlement between you and me. I hope that we shall be able to sort out these points satisfactorily when we meet. I feel sure that such a settlement will provide an amicable basis for me and the people of the State to co-operate in cementing Centre-State relationship.
I am awaiting your convenience when we can meet to consider these issues. I hope you are doing well.
With kind regards,
Yours sincerely,
(Sd/-) SM Abdullah
Shrimati Indira Gandhi,
Prime Minister of India
New Delhi.
~~~
Confidential
Prime Minister’s House,
New Delhi,
December 16, 1974
Dear Sheikh Sahib,
I have your letter of November 25, 1974. Shri G Parthasarthi has also given me the documents which he and Mirza Mohammad Afzal Beg have prepared at the conclusion of their talks.
You have referred to matters on which our two representatives have disagreed. As you are aware, these are basic issues on which there have been thorough discussions between them in the course of which Beg Sahib presented your views fully. I doubt whether anything will be gained by our discussing these matters again.
We can discuss the points which have been reserved for our consideration when we meet.
Shri Parthasarthi has told me that you would write to me about the maintenance of those basic features of the State’s Constitution which are necessary not only for uniformity but also to give a measure of confidence to the people regarding the democratic functioning of the Government in the State.
I too am anxious to conclude our discussions. I entirely agree with you that political co-operation between us will further strengthen the bond that exists between the State of Jammu and Kashmir and the Union. As you know, I am extremely busy in Parliament these days. We can perhaps meet during the last week of this month on a mutually convenient date.
With regards to you and Begum Sahiba.
Yours sincerely,
(Sd/-) Indira Gandhi
Sheikh Mohammad Abdullah,
10, Maulana Azad Road,
Srinagar,
Kashmir.
~~~
Confidential
10, Maulana Azad Road,
Srinagar (Kashmir).
December 29, 1974
My dear Indira Ji,
I have received your letter of 16th December, 1974 marked “Confidential”.
I am sorry to say that your representative should have found it necessary to ask me to write to you about the maintenance of those basic features of the State’s Constitution which are necessary not only for uniformity but also to give a measure of confidence to the people regarding the democratic functioning of the Government in the State. It pains me that even after the decades of my sufferings and sacrifices for these very cherished values, I should be called upon to sign an undertaking to stand by them. This attitude clearly shows the lack of trust which continues to exist in the minds of those with whom I may have to deal in the future. I hope you will agree with me that the only way to repair the vast damage done to the Indo-Kashmir relationship by the Arbitrary action of 9th August, 1953 is possible only through complete understanding and mutual trust. If this trust is lacking even in a very small measure, all our efforts to reach an understanding will prove fruitless.
Ordinarily, the broad principles of the partition of the subcontinent might well have taken the State to Pakistan in 1947, but for various reasons, things happened other way. And because of our identity with the basic ideals and fundamental values for which India stood, the Leadership of the National Conference supported the accession of the State to India, on the basis of the instrument of Accession signed by the Maharaja. But in order to make the Indo-Kashmir relationship durable, means had to be devised to have the support of all the sections of the State’s population for the Action of the National Conference Leadership. The minorities within the State, no doubt, felt secure once the Leadership of the National Conference decided to throw its lot with India, and their support was, therefore, assured. But what about the Muslim Majority? The Muslims of the State were simultaneously a minority in relation to all India population and a majority within their own State. Therefore, all fears and apprehensions that they would be dominated by all India majority had to be dispelled and they had to be assured that within the State their rights as a majority would be guaranteed. Their fear complex could be dispelled only by ensuring complete internal autonomy of the State as envisaged in the Instrument of Accession signed by the Maharaja. Accordingly, an agreement governing the Centre–State relationship was hammered out by the leaders of the two sides. In evolving this relationship all aspects of the problem and special features of the situation were taken into consideration. The provisions of Article 370 of the Indian Constitution were the result of these efforts.
I have no doubt in my mind that the manner in which the Government of India systematically eroded both the letter and spirit of the special provision of the Union Constitution jeopardised the very foundation of the relationship so laboriously built over years of tireless effort and dedication. I recall with pain and anguish that once a former Home Minister of India publically characterised Article 370 as a “Tunnel” obviously implying that through it the internal autonomy of Kashmir will be eroded and this exactly was assiduously accomplished behind our back after 9th August, 1953.
Recently, a responsible dignitary of the Government of India was candid enough to tell me that India would not be prepared to throw the minority community of the State, at the mercy of the majority by allowing the fundamental rights to be kept in the State Constitution. I told him that such an attitude of India will completely shatter the trust and confidence of the majority, who, in 1947, put their faith in the declarations of Indian leadership, and gave enough proof, if any was needed, that it was capable of protecting the interests of the minorities, at the most crucial moments even at the cost of its own life. He had no answer.
Myself and the Plebiscite Front Leadership were purposely kept behind the bars or externed from the State at the time of every general election to the State Legislature or the Parliament in the years 1957, 1962, 1967 and 1972. As if this was not enough, large scale rigging in elections was taken recourse to. Obviously these means were adopted so as to bring into being a legislature and Government in the State of a particular choice and keep effective opposition out of the way, thus facilitating the erosion of Article 370 – a process which has been going on for over last two decades.
In spite of this all betrayal and sufferings and tribulations that we had to undergo for years on end, I welcomed your desire, which you expressed in 1972, to take a fresh look at the Indo-Kashmir relationship. I made it clear to you and to the public at large that my differences with India were not over the issue of the accession of the State but on the quantum of accession. In my opinion accession and autonomy are inter-dependent. I had agreed to throw in my lot with India on the basis of the Instrument of Accession signed by the Maharaja which guaranteed complete internal autonomy to the State. If this autonomy is taken away, then the very foundation of the relationship is destroyed. I, therefore, pleaded the view that in case you wished me to help in rebuilding the faith and confidence that the majority community in the State has lost in India, I can only start from the point where I left off in August, 1953. For me to take even this position is not going to be without difficulties, and I shall be faced with many a doubting mind. But I would nevertheless give it a try.
You have written in your letter that matters on which our two representatives have disagreed are basic issues and that nothing will be gained by discussing these matters again between ourselves since they have already been thoroughly discussed. If there is no agreement on these basic issues, then what would be the use of discussing issues that are not basic? We consider the matters on which agreement has not been reached equally vital and basic for us and, unless there is agreement on them. I do not think that any useful purpose would be served by prolonging our discussions.
Begum Sahiba sends her respectful regards, I hope you are doing well.
With regards,
Yours sincerely,
(Sd/-) Sheikh Mohammad Abdullah
Shrimati Indira Gandhi,
Prime Minister of India,
New Delhi.
Despatched by hand through Nisar Ahmad on 30th December, 1974.
(Sd/-) SMA
~~~
Confidential
3, Kotla Lane,
New Delhi
February 11, 1975
My dear Prime Minister,
I have seen the text of the conclusions reached between Shri G Parthasarthi and Mirza Mohammad Afzal Beg on the various Constitutional issues concerning the Centre–State relationship between the State of Jammu and Kahmir and the Union of India. I have studied the document and have also had discussion with you. As you are aware, it is my view that constitutional relationship between the Centre and the State of Jammu and Kashmir should be what it was in 1953. Nevertheless, I am happy to say that the agreed conclusions provide a good basis for my co-operation at the political level and for Centre–State relationship. I appreciate that the main purpose of the dialogue was to remove miasapprehensions on either side to ensure that the bond between the Union and the State is further strengthened and to afford to the people of the State full scope for undertaking social welfare and developmental measures.
The accession of the State of Jammu and Kashmir to India is not a matter in issue. It has been my firm belief that the future of Jammu and Kashmir lies with India because of the common ideals that we share. I hope you would appreciate that the sole reason for my agreeing to co-operate at the political and Governmental levels is to enable the State Government to initiate measures for the well-being of the people of the State which I have always considered as my sacred trust. It will be my constant endeavour to ensure that the State of Jammu and Kashmir continues to make its contribution to the sovereignty, integrity and progress of the Nation. By the same token, I am sure that the Central Government would co-operate with the State Government fully in respect of measures to be undertaken by the State Government to further the progress and welfare of the people of the State as an integral part of India.
The country is passing through a critical period and it is all the more necessary for all of us who cherish the ideals of democracy, secularism and socialism, to strengthen your hands as the leader of the Nation and it is in this spirit that I am offering my wholehearted co-operation.
Yours sincerely,
(Sd/-) Sheikh Mohammad Abdullah
Shrimati Indira Gandhi,
Prime Minister of India,
New Delhi.
~~~
Confidential
Prime Minister,
New Delhi.
February 12, 1975
Dear Sheikh Sahib,
I am happy to receive your letter expressing your concurrence with the conclusions reached between Mirza Mohammad Afzal Beg and Shri G Parthasarthi on certain constitutional aspects of the relationship of the Centre with the State of Jammu and Kashmir and offering your whole-hearted co-operation at the political and Governmental level to further promote the well-being of the people of the State of Jammu and Kashmir. I am aware of your views on the Centre–State relationship in respect of the State of Jammu and Kashmir. I have already explained to you that the clock cannot be put back and we have to take note of the realities of the situation. I am appreciative of the spirit in which you have expressed your agreement with the terms of the agreed conclusions.
The agreed conclusions have been examined and I am in a position to inform you that such appropriate executive action as may be necessary to give effect to them will be taken. I have been in close touch with the Chief Minister of the State who is in agreement with the approach in regard to political co-operation with you and the understanding reached about the relationship of the State with the Union.
The Central Government would undoubtedly continue to cooperate with the State Government fully in respect of measures to be undertaken by the State Government to further the progress and welfare of the people of that State, which is of equal concern to the Central Government.
As pointed out by you, the country is passing through a critical period and it is a matter of great satisfaction to me that a person of your stature who made an outstanding contribution during the freedom struggle should come forward again to co-operate in the task of strengthening the nation and sustaining its ideals.
Yours sincerely,
(Sd/-) Indira Gandhi
Sheikh Mohammad Abdullah,
3, Kotla Lane,
New Delhi.
Excerpted with permission from Article 370: A Constitutional History of Jammu and Kashmir, AG Noorani, Oxford University Press.
The text of the “Indira-Sheikh” Kashmir accord of 1975
- The State of Jammu and Kashmir which is a constituent unit of the Union of India, shall, in its relation with the Union, continue to be governed by Article 370 of the Constitution of India.
- The residuary powers of legislation shall remain with the State; however, Parliament will continue to have power to make laws relating to the prevention of activities directed towards disclaiming, questioning or disrupting the sovereignty and territorial integrity of India or bringing about cession of a part of the territory of India or secession of a part of the territory of India from the Union or causing insult to the Indian National Flag, the Indian National Anthem and the Constitution.
- Where any provision of the Constitution of India had been applied to the State of Jammu and Kashmir with adaptation and modification, such adaptations and modifications can be altered or repealed by an order of the President under Article 370, each individual proposal in this behalf being considered on its merits ; but provisions of the Constitution of India already applied to the State of Jammu and Kashmir without adaptation or modification are unalterable.
- With a view to assuring freedom to the State of Jammu and Kashmir to have its own legislation on matters like welfare measures, cultural matters, social security, personal law and procedural laws, in a manner suited to the special conditions in the State, it is agreed that the State Government can review the laws made by Parliament or extended to the State after 1953 on any matter relatable to the Concurrent List and may decide which of them, in its opinion, needs amendment or repeal. Thereafter, appropriate steps may be taken under Article 254 of the Constitution of India. The grant of President’s assent to such legislation would be sympathetically considered. The same approach would be adopted in regard to laws to be made by Parliament in future under the Proviso to clause 2 of the Article. The State Government shall be consulted regarding the application of any such law to the State and the views of the State Government shall receive the fullest consideration.
- As an arrangement reciprocal to what has been provided under Article 368, a suitable modification of that Article as applied to State should be made by Presidential order to the effect that no law made by the Legislature of the State of Jammu and Kashmir, seeking to make any change in or in the effect of any provision of Constitution of the State of Jammu and Kashmir relating to any of the under mentioned matters, shall take effect unless the Bill, having been reserved for the consideration of the President, receives his assent ; the matters are a) the appointment, powers, functions, duties, privileges and immunities of the Governor, and b) the following matters relating to Elections namely, the superintendence, direction and control of Elections by the Election Commission of India, eligibility for inclusion in the electoral rolls without discrimination, adult suffrage and composition of the Legislative Council, being matters specified in sections 138,139, 140 and 50 of the Constitution of the State of Jammu and Kashmir.
- No agreement was possible on the question of nomenclature of the Governor and the Chief Minister and the matter is therefore remitted to the Principals.