Rashtrapati Bhawan endorsed Bhim Singh’s representation on amendment in Article 370

President’s Secretariat (Rashtrapati Bhawan) has endorsed the representation of NPP Supremo, Prof.Bhim Singh which he had submitted it personally to the Hon’ble President of India, Shri Pranab Mukherjee on 16.09.2016. Shri Abhijit Rai, OSD in the President’s Secretariat has communicated to Prof.Bhim Singh in his letter dated 27.09.2016 that letter addressed to the President of India by Prof.Bhim Singh has been sent to the Home Secretary, Ministry of Home Affairs, New Delhi.

Prof.Bhim Singh in his communication to the President of India has sought intervention of President of India under Article 370 to restore peace in J&K. He has also sought intervention of the President of India to advice Governor of J&K to impose governor Rule under Section 92 of J&K Constitution. Prof.Bhim Singh has urged that the Parliament should have direct authority to legislate, at least, in respect of three subjects namely, Defence, Foreign Affairs, Communication and Allied Matters as mentioned in the Instrument of Accession that Maharaja Hari Singh had signed on 26.10.1947.

B.S.Billowria,Advocate

National General Secretary

 

 

 

 

16th September, 2016

New Delhi

H.E. Shri Pranab Mukherjee

Hon’ble President of India

Rashtrapati Bhawan

New Delhi

 

Your Excellency, Sir,

I feel highly obliged on granting me an opportunity to submit before Your Excellency as to what needs to be done to strengthen and promote National Integration vis-à-vis Jammu and Kashmir at the moment.

  1. Your Excellency I had an opportunity to work under Your Excellency’s guidance as an activist of the Youth Congress since 1975. I feel it my responsibility to my urge Your Excellency as the President of India to intervene in the prevailing situation that has arisen in the State of J&K at present.
  2. Your Excellency Article 370 is a temporary provision and has lasted nearly 70 years causing tension vis-à-vis the constitutional relationship of the State of J&K with the rest of the country.
  3. 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.
  4. Your Excellency after the Monarch was removed on 20th August, 1952 the proviso at the bottom of Para 3 of Article 370 stood dissolved automatically.
  5. Your Excellency 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.
  6. With the dissolution of proviso at the bottom of Clause 3 of Article 370the Parliament of India has got clear authority to legislate on the matters enumerated in the Union List.
  7. 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. Only tragic end that continues is that the State of J&K has not been integrated like other 577 states. It included two states, Hyderabad and Junagarh which had not even signed the Instrument of Accession with the Union of India. It also included the State of Baroda which had signed the Instrument of Accession in 1948.

I am taking this liberty urging Your Excellency to exercise Your Excellency Presidential power to make it clear that Article 370 which is a temporary provision has no control over the sovereign power of the Parliament. The Parliament was 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 Excellency 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.

Your Excellency 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 has remained denied of their fundamental rights for nearly 70 years, which are guaranteed to every citizen of India except Jammu and Kashmir. Your Excellency is the only constitutional authority in the country which can cure this wrong to ensure that the fundamental rights provided in Chapter-III are also enjoyed by every citizen of India, resident of J&K. People of J&K deserve to be provided all benefits of the Constitution of India so that there shall be one Constitution in the country from Kashmir to Kanyakumari and one Flag which have remained denied to the people of J&K for nearly 70 years.

Your Excellency’s intervention under Article 370 can restore peace in Jammu and Kashmir. Your Excellency may be pleased to advise Governor of J&K to impose Governor Rule in J&K 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,  Communication & 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.

With warm regards,

Yours sincerely,

Sd/-

Bhim Singh

SC grants four weeks to UOI to decide on wages of Army Porters

A Division Bench of Supreme Court of India presided by the Chief Justice of India, Mr. Justice T.S.Thakur today granted four weeks to the counsel of Union of India to file final reply in the Supreme Court on the question of determining wages of Army Porters working in J&K.

Prof.Bhim Singh, Sr. Advocate appearing for the Army Porters working in J&K has been pleading for the fixation of wages for the Army Porters who are being paid less than the minimum wages though they are working around the clock to assist the Army along the International Borders and sensitive areas of Line of Control in J&K.

The Chief Justice of India, Mr.Justice T.S. Thakur has asked the counsel for Union of India Mr.P.S. Patwalia to submit the final proposal before the court. the Union Counsel today ask for a little more time.

Rashtra Chetna Abhiyan organizes massive celebration on 110th birthday of Shahi-e-Azam Bhagat

Massive celebration organized at Shahidi Park, ITO, New Delhi in memory of historic martyrdom of Shahid Bhagat Singh. Prof.Bhim Singh, Chief Patron of Rashtra Chetna Abhiyan honoured several artists, poets, writers, social activists on the occasion by offering memorial medals in honour of Shahid Bhagat Singh and his colleagues, Rajguru and Sukhdev. Several poets, authors, social activists participated. Prof.Bhim Singh while addressing a massive rally on this occasion urged the Govt. of India to honour all the martyrs including S. Bhagat Singh and his companions, Rani Jhansi, Netaji Subhash Chander Bose, Khudi Ram Bose and others with Mahabharat Awards.

shahid-1          The prominent among those who addressed the rally include Rajiv Jolly Khosla, Sri Sayeen Guruma, Kuldeep Bhogal, Member Sikh Gurudwara  Prabandhak Committee, Ms. Nasreen Hamid, Chairperson, Global Women Lib, Kafil Ahmed Ansari, Kali Ram Tomar, Jitendra Tiwari, Urvasi Walia, Rama Kant Sharma, Kuldip Saxena, Rahul Inqalab, Sachin Gupta, Jahanvi, Prem Singh, national poet, Vidya Jaunpuria and others patriots.

NPP Supremo appreciates Sushma Swaraj speech in United Nations but regretted that she failed to touch the hidden volcano

Addressing a press conference in Jammu, the winter capital of J&K State this morning at Ashoka Hotel, Prof. Bhim Singh, Founder of National Panthers Party while addressing a press conference, he expressed shock on the failure of Modi Government for having fail into totality to oppose and expose the enemies of peace in India vis-a-vis Jammu and Kashmir.  Prof. Bhim Singh, though, appreciated the strong speech made by Mrs. Sushma Swaraj on thefloor of the General Assembly of United Nations exposing a Pakistan with a strong note.  He expressed shock that Government of India in its brief for the Foreign Minster had failed to expose the dangerous design of Pakistan vis-a-vis Jammu and Kashmir.  The Panthers Party Supremo while praising Mrs. Sushma Swaraj for her wonderful speech on the floor of the General Assembly of the United Nations but regretted that the Foreign Minister of India could not come out on the failure of the Indian leadership to integrate Jammu and Kashmir with the rest of the country when Constitution of India was promulgated on 26th January, 1950. 

            Prof. Bhim Singh said that Indian leadership had committed a blunder in the Constituent Assembly when they promulgated Constitution of India by keeping Jammu and Kashmir out of the Union.  Insertion of Article 370, though temporary, was the greatest blunder of all the political parties who were representing the Constituent Assembly from 1947 to 1950.  Prof. Bhim Singh said that Maharaja Hari Singh was the only Maharaja who had declared in 1931 in London Round Table Conference that, “I am an Indian first and then Maharaja”.  That Maharaja was exiled by Nehru’s Government in 1948. Yet the state of Jammu and Kashmir was not merged into the Union of India. On 20th August, 1952 Sheikh Abdullah passed a resolution in his home Constituent Assembly which had no relevance after Maharaja’s Accession to the Union of India for 26th October, 1947.  Jammu and Kashmir was not merged in the Union of India in spite of the Accession signed by the Ruler on 26thOctober, 1947 at Amar Singh Palace, Jammu in the presence of federal Home Secretary Shri V.P Menon. 

Prof. Bhim Singh regretted that the Modi government has failed to understand the complicates of the situation and Mrs. Sushma Swaraj was not properly addressed to speak on the subject. Prof. Bhim Singh said that Jammu and Kashmir became integral part of the Union of India, offer was made by the Maharaja and accepted by Lord Mountbatten on 27th October, 1947.  This is a tragedy that the Constituent Assembly did not integrate J&K with the Union of India in spite of the fact that the people and the leadership of Jammu and Kashmir has made commitment in the Constitution of Jammu and Kashmir that state of Jammu and Kashmir is and shall remain integral part of the Union of India. 

 Prof. Bhim Singh said that the Parliament of India has failed to discharge its duty to integrate the state of Jammu and Kashmir as they have done in respect of 577 states and even Baroda which acceded to the Union of India in 1948. He said that Goa was liberated from Portuguese control in 1961 and stands integrated with the Union of India.  Why not J&K till today? 

Prof. Bhim Singh called on Members of Parliament including those who are ruling the country to go through the speeches of Mr. Krishna Menon he made in 1957 placing all facts on records and exposing Pakistan for the utter violation of UN resolution of 13th August, 1948.  Prof. Bhim Singh regretted that this part of the history was completely ignored by previous government in the centre and this truth has been buried deep by the BJP government led by Shri Narendra Kumar Modi.  He regretted that Mrs. Sushma Swaraj in her wonderful speech failed to remove the curtain from the grave yard of the Constitution history vis–a-vis Jammu and Kashmir. 

 Prof. Bhim Singh gave a call to the Members of the Parliament to come out straight, integrate the state of Jammu and Kashmir by merging it with the into the Union of India, though late shall expose all enemies of India before the world.   

Special Conclave of JKNPP shall be held on 25th September at NPP Headquarters Jammu

Prof.Bhim Singh, Chief Patron of National Panthers Party has invited NPP activists from all disciplines namely NPSU, Young Panthers, Trade Union and the main party from different circles and centres of J&K. The special conclave shall discuss the means and methods to be undertaken by the Panthers Party activists to save J&K from further death and destruction.

          Prof.Bhim Singh has called on all the Panthers activists from different walks of life and action to sit together and work out a joint action plan to save national interest in the state of J&K which is passing through a dangerous situation because of no governance in the state of J&K for the past three months.