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dated February 4, 1954: Agreement on Kashmir

It can now be stated that, as a result of the recent discussions in the capital on the implementation of the Delhi agreement of July 1952, Part (III) of the Indian Constitution dealing with Fundamental Rights now applies to Kashmir State. The exception already agreed to by India is in regard to Article 31 relating to payment of compensation for compulsory acquisition of property. Also, it has now been agreed to by India that the right to move the Supreme Court under Article 32 for the enforcement of the fundamental rights and for the issue of writs like habeas corpus and mandamus could be exercised only in appeal from the State High Court. Kashmir leaders desire that the remedy of approaching the State High Court should be first exhausted before an aggrieved person could resort to the Supreme Court. In the chapter on "Union Judiciary", the most important Articles are 131, 132, 133 and 134, which define the original and appellate jurisdiction of the Supreme Court and these are being accepted by Kashmir. The entire chapter on the Union Judiciary with minor modifications will apply to the State.

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