J&K is part of Republic of India, Art.370 is stumbling bloc in State-Centre relations

Prof. Brim Singh, Chief Patron of National Panthers Party has in a rejoinder to the busy bodies including the Chief Minister reminded that is no river between J&K and the rest of the country and therefore Article 370 cannot be a bridge. He said that Article 370 was meant only to curtail the command of Maharaja Hari Singh which is clearly evident from the body language of Article 370 which says that the President of India may introduce a Presidential Order with respect to Defence, Foreign Affairs, Communications etc. which will require concurrence of the government constituted by Maharaja Hari Singh. The powers/monarchy headed by Maharaja Hari Singh was terminated by a resolution of the Constituent Assembly on 20th August, 1952. That ends the relevance of Article 370.

The concluding provision in Article 370 is specific that the President of India can amend any provision of 370 provided it is recommended so by the Constituent Assembly of J&K. The Constituent Assembly was dissolved on 26th January, 1957 when J&K Constitution was promulgated. Moreover, there is no scope in the Constitution of India or in the Constitution of J&K to constitute another Constituent Assembly. The sole surviving member of the Constituent Assembly Shri Moti Ram Baigra died several years ago. The Constituent Assembly cannot be dug out from the graveyard of the history. This would certainly mean that there is no relevance of Article 370. It was only temporary and could be functional till the Monarchy survived in the state. The statement of the Chief Minister that Article 370 is a bridge between J&K and rest of the country is totally absurd, meaningless, inciting and misleading the great innocent people of the Valley. He said the latest example of the consequences of Chief Minister’s statement is that a gentleman has filed a writ petition in the High Court of J&K under Article 226 attempting to seek direction that J&K should celebrate its own Republic least realizing that Article 226 is the creation of the Constitution of India and so is the High Court initially. It is highly deplorable that the Govt. of J&K has been provoking people to start a highly dangerous campaign against the concept of National Integration which is not acceptable.

Those who are highlighting the anti-national activities of a handful of people fully abetted and supported by the coalition government must read Section 3 of the J&K Constitution which says, “J&K is and shall be an integral part of the Union of India.” After having read the Constitution of J&K itself no one should dare challenge the integrity of the State. The only bridge for the Chief Minister to walk to safer zone is the surrender declaration of Sheikh Mohd. Abdullah signed with Shri Parathasarthy in 1975.

People of J&K have realized that reorganization is the only way out so that the identity of all the three regions remains intact and the people of each region get an opportunity to march ahead as citizens of India.