Srinagar, Sep 12: Prof.Bhim Singh, a Sr. Constitutional Lawyer in the Supreme Court of India, Master of Laws with distinction from London University has questioned the Modi government on the issue of Article 370 which still persists as Article 370 in the Indian Constitution. The Article is very essential to save constitutional integration of Jammu and Kashmir with the rest of the country as the Ruler of Jammu and Kashmir, Maharaja Hari Singh, had acceded the entire State of J&K to the Union of India.
Prof.Bhim Singh who is also the Founder/Chief Patron of J&K National Panthers Party which he with his colleagues founded in 1982. He has challenged the Parliament of India and all those who are claiming that Article 370 is no more a part in the Constitution of India. Though, Article 370 was temporary but J&K which acceded to the Union of India in 1947 with the signatures of its Ruler Maharaja Hari Singh unconditional but the Parliament of India deliberately inserted Article 370, though temporary, which did not tally the Instrument of Accession in 1950 with the Constitution of India and brought J&K under the temporary provision of Article 370. Whose blunder that was, this is not the time to bring this issue for discussion. This is the time that J&K should have been taken fully out of the control of Article 370 by keeping the Instrument of Accession which Maharaja Hari Singh signed out of the control of a temporary provision like Article 370. The Parliament of India is wise that it did not revoke/remove Article 370 from its existence in Indian Constitution because accession of J&K signed by the Maharaja on October 26, 1947 has to be invoked/applied in full sense within the meaning and scope of the Constitution of India. The Parliament of India was wise that by keeping Article 370 alive it has kept the competence/constitutional power alive to integrate the State of J&K in full on the basis of Instrument of Accession. This is important to note that all the Instruments of Accession signed by over 500 rulers/princes have been fully approved/accepted by the Constituent Assembly of India by 1949. It was J&K whose Instrument of Accession was not approved/signed by the Constituent Assembly. This issue never came before the Parliament also because Article 370 was temporary and the Parliament could have intervened in this case once the issue of Instrument of Accession was referred to the Parliament of India. This issue was not discussed/touched by the Constituent Assembly. Nor this issue came/referred with the Parliament of India till today.
Prof.Bhim Singh said that Parliament should take this issue as first instance, treat the Instrument of Accession as approved by the Parliament on behalf of the Constituent Assembly. This shall provide absolute constitutional power to the Parliament of India to claim the entire State of J&K including that part which has been illegally occupied by Pakistan, China since 1947/48.
He urged the Members of Parliament to kindly understand the subject because the leadership in the country today has failed to understand national/international complication which need to be remedied urgently. He also conveyed to the Members of Parliament to forget Article 35-A because that was created by a Presidential Order and the Parliament had nothing to do with that. It has been removed by the President of India though after a long time.
He appealed to the Members of Parliament to understand the most difficult issue/proposition if J&K is not brought out of the so-called Union Territory status because the Parliament should remember that India’s claim over half of the territory of J&K from the control of Pakistan & China shall suffer from the stroke of international law.