Your Excellency’s intervention is needed to avoid disaster in J&K.

Prof. Bhim Singh
(Member, National Integration Council)
(Sr. Advocate, Supreme Court of India)

Chief Patron : National Panthers Party

For Publications

15th January, 2016
New Delhi
H.E. Shri Pranab Mukherjee
Hon’ble President of India,
Rashtrapati Bhawan,
New Delhi

Sub:- Your Excellency’s intervention is needed to avoid disaster in J&K.

Your Excellency, Sir,
The political ‘quake’ in Jammu and Kashmir following unfortunate and sad demise of Mufti Mohd. Sayeed has disturbed the political and social combinations and permutations in J&K. There is no political party which is having even one-third’s of MLAs in the Assembly. The disgusting alliance between the PDP and BJP could not enjoy acceptability of the people of J&K for many reasons. It was the personal initiative of Mufti Mohd. Sayeed that ‘hawks’ and ‘doves’ could be caged together and thirst for power was the biggest factor.
After the departure of Mufti Mohd. Sayeed from the political scene there is no ground/reason which will help the two parties, PDP and BJP to go together in J&K. There are several factors which need no further elaboration vis-à-vis the political instability in J&K. The important point is that there is no single party which has a strength of one-third even in the Assembly of 87.
The PDP headed by Mrs. Mehbooba Mufti, Member Lok Sabha has only 27 MLAs and there is no political equation or understanding with BJP which has 25 MLAs. The two parties ruled in J&K and that was possible only with the political wisdom of Mufti Mohd. Sayeed who worked as Union Home Minister with the government of Shri V.P. Singh. Now the situation stands changed. There are three vertical divisions in the PDP. The BJP is also a divided house. BJP has been supporting the government only to swallow their share in the loot which was possible only by sharing power in the state.
One group in the PDP is controlled by a lobby hostile to the Constitution of India. Another group in the PDP is opposed to Mehbooba Mufti for different reasons. The BJP has lost its base in Jammu Pradesh because the people realized that BJP had no commitment to uphold the national cause or the Constitution. There is a way and a strong way in support of reorganization of the state of J&K and the BJP has lost its credibility among their own supporters and voters. This is the reason that the BJP leadership in J&K has started licking up the shoes of the Kashmiri leadership.
I am making this submission to Your Excellency to request for your urgent intervention in the interest of unity, integrity and sovereignty of the entire nation by your personal intervention to save the situation in J&K by your kind advice to the Governor of J&K to dissolve J&K Assembly by invoking Section 53 (2) (b) of the Constitution of J&K. Section 53 (2)(b) has vested power in the Governor of J&K to dissolve the Legislative Assembly. This exercise was challenged in the High Court of J&K when Shri Jagmohan, the then Governor dissolved the Legislative Assembly in 1990. The High Court in its judgment upheld the power/authority of the Governor to dissolve the Legislative Assembly. The situation today demands that the present Legislative Assembly needs to be dissolved without any delay as Legislative Assembly is not capable to function and deliver.
This is further requested that the delimitation process was throttled by the previous governments and there has been delimitation of the Assembly constituencies since 1995. In J&K the life of an Assembly is six years and there has been no delimitation of the Assembly constituencies since 1995 though four districts were added in Jammu and six in Kashmir Valley. There are several Assembly constituencies which fall in two districts which is against the mandate of the Peoples Representation Act. Similarly, seven constituencies are reserved for the SC only in Jammu province. They have been under reservation since 1996 and there is no hope for the rotation of reserved constituencies for another 30 years. The reserved constituencies throughout the country were rotated in 2001 by a National Commission appointed by the Parliament of India under the Chairmanship of Justice Kuldip Singh. This was unfortunate that this commission was not extended to J&K.
The President of India is empowered by Article 370 of the Constitution of India to amend any part or provision in this Article. The Hon’ble President is empowered to make any amendment in Article 370. This is the right time that Article 370 is amended by the President of India who enjoys exclusive power to do so. It is urged that President of India should amend Article 370 so as to establish Indian state of J&K as confederation of J&K. The President may be pleased to reconstitute the state as confederation of J&K by establishing twin states namely, Jammu State and Kashmir Ghati State. The Ladakh region may be brought in the list of Union Territories after seeking the opinion of the Ladakhies. This is also pertinent to mention that each state within the confederation should have controlled over the subjects enumerated in the State List. The concurrent list may be shared by both the states. The state can continue as twin states with one Governor and one High Court.
Your Excellency I hope and trust that you shall be gracious enough to consider my suggestions I have mentioned above after a living experiment of 50 years in the political battlefield of J&K. Your Excellency has been entrusted full power/authority by the Constitution of India to deal with Article 370 of the Indian Constitution which was introduced on 26th January, 1950 to deal with J&K where Monarchy was not abolished (what reasons, this is not right time to discuss this fact). Monarchy was abolished by the Constituent Assembly on 20th August, 1952 under the leadership of Sheikh Mohd. Abdullah. This brought an end to Article 370. It trailed behind due to the failure of the Parliament of India at that time. Article 370 had lost its existence at that time only. It is now a dead snake having no legal effect or constitutional validity.
I am sure Your Excellency may be pleased to go through by submission and take appropriate measures as the President of India having full authority and competence to deal with Article 370 and integrate the entire state of J&K with the Union of India w.e.f. 27th October, 1947.
With warm regards,
Yours sincerely,

Bhim Singh