Prof.Bhim Singh, Chief Patron of National Panthers Party today dispatched a letter to the Prime Minister of India, Shri Narendra Modi on Jammu & Kashmir situation for his urgent intervention. The letter stated that,
New Delhi May 23: “I am taking this liberty to convey as to what needs to be done today to integrate J&K with the rest of the country and ensure that citizens in J&K may also seek benefit from the fruits of the fundamental rights enshrined in Chapter-III of the Constitution of India. Constitution of India has not been implemented vis-à-vis Jammu and Kashmir in spite of the fact that the Ruler of J&K signed Instrument of Accession on 26th October, 1947 in the same way and on a similar document that was signed by 576 Rulers of different principalities/states/divisions within the meaning and scope of the Independence Act of British Parliament.
- This is a tragedy in the history of this great Nation that J&K has not been integrated with the rest of the country as was done in respect of 575 states/principalities on 26th January, 1950. Union of India comprised of 577 States including two states namely Hyderabad and Junagarh whose rulers had not even signed the Instrument of Accession.
- Whose failure was that or who is to be blamed for this lapse that is not material today that could be used in election campaign. Today in 2017 the Parliament of India has to take a firm decision to amend Article 370 so as to integrate the entire State of J&K with the Union of India. That is for Parliament to do.
- Your honour, Article 370 was a temporary provision that has lasted for nearly 70 years causing tension vis-à-vis the constitutional relationship of the State of J&K with the rest of the country.
- Proviso inserted at the bottom of Clause 3 of Article 370 has become redundant and lost any constitutional relevance after 20th August, 1952 when the Constituent Assembly under the leadership of Sheikh Mohd.Abdullah through a political resolution of the Constituent Assembly of J&K in a unanimous voice declared Monarchy (State under the then King of J&K, Maharaja Hari Singh) as abolished. Though this resolution deserves a serious screening yet it was accepted by the Parliament of India as applicable vis-à-vis Jammu and Kashmir.
- Your honour, after the Monarch was removed on 20th August, 1952 the proviso at the bottom of Para 3 of Article 370 stood dissolved automatically.
- Your honour, the President of India has issued more than 47 Presidential Orders between 11th February, 1956 and 19th February, 1994 making various other provisions of the Constitution of India applicable to Jammu and Kashmir.
- With the dissolution of proviso at the bottom of Clause 3 of Article 370 the Parliament of India has got clear authority to legislate on the matters enumerated in the Union List.
- This is tragedy in the history that J&K has not been integrated to the Union of India as 577 states were declared integrated on 26th January, 1950 when the Constitution was promulgated. This matter has not been considered constitutionally or by any legal agency till today. Article 370 stood amended on 20th August, 1952 when the Monarchy was abolished? (Was Monarchy abolished with a private resolution of some individuals associated with a state political party).
I am taking this liberty urging your honour to exercise the power of the Parliament to make it clear that Article 370, a temporary provision cannot govern the power of the Parliament. The Parliament is competent to amend/remove any temporary provision in the Constitution. The Parliament is competent even today to exercise its sovereign power to amend any provision in the Constitution of India. Article 370 was a temporary provision which had guaranteed Monarchy for Jammu and Kashmir. It was only Parliament which could have amended/changed it. The State Constituent Assembly of J&K was not competent to amend any provision/power vested in the Parliament of India. This wrong has to be cured and Hon’ble President of India through his Presidential power which he enjoys under Article 370 itself vests that power to amend this temporary provision in the Constitution of India. The proviso at the bottom of Clause 3 of Article 370 has been exploited and used as a cancer in the heart of the Indian Constitution.
Your honour, the President of India is the only competent authority to declare this proviso in Clause 3 in Article 370 as redundant, unconstitutional and without any substance as the situation changed on August 20, 1952. The Cabinet/Union of India is competent to advice the President of India to revoke Article 370 or amend it to the extent that Parliament of India is competent to legislate in respect of the subjects, which were included in the Instrument of Accession, at least.
Your honour, the J&K National Panthers Party has been fighting for the cause of National Integration vis-à-vis Jammu and Kashmir. The Panthers Party fully support the people of Jammu and Kashmir, being citizens of India that they should be guaranteed all civil and political rights incorporated in Chapter-III of Constitution of India as fundamental rights. People of J&K have remained denied of their fundamental rights for nearly 70 years, which are guaranteed to every citizen of India except to that of the citizens of India residing in Jammu and Kashmir. Your honour it is only the Parliament of India which can ensure fundamental rights to the residents of J&K being citizens of India who have remained denied of their fundamental rights till date.
Prime Minister’s intervention today shall restore peace in Jammu and Kashmir, which is the need of the hour and every citizen of India residing in the State of J&K shall feel relieved the day Parliament of India intervene. Article 370 is dead and cannot restore confidence of the people of J&K. Your honour may urge the President of India to advice the Governor of J&K to impose Governor Rule in the State of J&K that is the only way to restore peace in J&K. The Governor of J&K has power to impose Governor Rule under Section 92 of J&K Constitution. The people of Jammu and Kashmir should have a chance to elect their members of the Assembly in the changing situation. The Parliament should have direct authority to legislate, at least, in respect of three subjects namely, Defence, Foreign Affairs, Communications & Allied Matters as is the mandate of the Constitution and the spirit of the Instrument of Accession that Maharaja had signed under his own seal and signatures on 26th October, 1947.”