Gracious enough. You have taken oath to uphold the integrity and secrecy of the Constitution of India. You are great and sincere. People trust you and there is no alternative but to believe what’s you say and swear. I hope and trust that before you touch your files you will make it a point to go through the contents of the temporary provisions of Article 370 which was introduced into the Indian Constitution on January 26, 1950, roughly 60 years ago. Forget that it was a temporary that didn’t attract the attention of the nation for six decades. Temporary became the rule of law without any rule.

Secondly, read it in any language you know. If you have gone through the contents, kindly note that the Parliament which is a sovereign by itself has no authority to make a law vis-à-vis Jammu and Kashmir. Thirdly, if a law is to be enacted for Jammu and Kashmir in respect of any subject listed in the Union List or Concurrent List, Parliament has no jurisdiction to legislate. It is Article 370 which in 1950 delegated power of legislating in respect of such subjects to the President of India through an arbitrary Presidential Order. Fourthly, if the law is to be enacted in respect of any matter included in the Instrument of Accession which Maharaja Hari Singh had signed on October 26, 1947 then it is mandatory for the President of India to seek consultation of the Government of Jammu and Kashmir.

If the Government of Jammu and Kashmir fails to respond, the President is out. Similarly, if law is to be made in respect of any subject contained in the Union List but not included in the Instrument of Accession, the President shall be forced to take concurrence of the State Government.

If the State Government does not conquer the entire sovereignty of India shall collapse in Jammu and Kashmir.

Important Point the Hon’ble Members of Parliament which you must understand is that from which government the President should seek approval?

Let us read Article 370 again. It says that the President of India shall seek consultation or concurrence from the government of J&K as appointed by the Maharaja of Jammu and Kashmir. Do you know that Jammu and Kashmir abolished its monarchy in 1952 by its simple resolution in the Constituent Assembly? It is a moot point whether the resolution enjoyed any validity?

But since 1952 there has been no Maharaja to appoint a government. Does it mean that all laws extended through Presidential Order since 1952 to Jammu and Kashmir or unconstitutional? You have taken oath of the Constitution to uphold it?

You may argue in defence of legality and say that the word ‘Maharaja’ may be read as ‘Sadar-e-Riyasat’ or a ‘Governor’ but that needed amendment in Article 370. The Parliament again has abdicated its power to amend Article 370.

It is President of India alone who can amend but the President again needs approval of the ‘Constituent Assembly’.

That is impossible because Constituent Assembly’s term expired in 1957 after the creation of new Constitution in J&K.

All the Members of the Constituent Assembly have gone to the heavens. Can President of India amend any part of Article 370? Shall the temporary remain alive till the end of the universe? Shall Maharaja continue forever? Shall Jammu and Kashmir be governed in violation of the Constitution of India?

Hon’ble Members of Lok Sabha and particularly those who have entered the Parliament for the first time may read this Article and find a solution themselves if they want to respect and honour the oath they have taken?