Gita Prachar-Prasar Samittee Allahabad challenges SC 5-Judge Bench description of Hindutva as a way of life

Sr. Advocate Prof.Bhim Singh yesterday filed written arguments before the Supreme Court on behalf of Sri Vibhandak Rishi Ashram Vikas Evam Srimad Bhagwad Gita Prachar-Prasar Samittee, Allahabad seeking withdrawal of observation made by a 5-judge Constitution Bench headed by Chief Justice Mr. P.B. Gajendragadkar in Sastri Yagnapusushadji and Ors. Vs. Muldas Bhudardas Vaishya and Another’s Appeal the Constitution Bench comprising of Hon’ble Justice K.N. Wanchoo, Justice M.Hidayatullah, Justice V. Ramaswami & Justice P. Satyanarayana Raju had observed in their judgment dated 14.01.1966 (para 29) that,

“It does not worship any one God; it does not subscribe to any one dogma; it does not believe in any one philosophic concept; it does not follow to any one set of religious rights of performances; it does not appear to satisfy the narrow traditional features of any religion or creed. It may broadly be described as a way of life and nothing more.” 

Prof.Bhim in his written submission submitted,

“That the Hon’ble 7-Judge Bench of the Supreme Court may be pleased to reconsider this definition of Hindutva in the light of the message transcended Srimad Bhagvad Gita. According to Sri Krishn (B.G.-2.16-29), the unreal never exists and the real is never without existence at any time. God alone is real permanent, indestructible, changeless and eternal, but heis beyond thought, imperceptible and quite above the fluttering of mind. Action is the name of the mode by which a man attains to God after subduing his mind. Putting this mode into practice is dharma, which is a trust or obligation. As Sri Krishn has told Arjun in the fortieth verse of Chapter 2 (Bhagvad Gita). “Since selfless action neither wears out the seed from which it sprang nor has any adverse consequence, even a partial observance of it liberates one from the dire terror of repeated birth and death.” So the undertaking of this action is Dharma.” 

 The 7-judge Bench headed by Chief Justice Mr. T.S. Thakur had allowed Prof.Bhim Singh to submit written arguments in the intervention petition which has been filed on behalf of Sri Vibhandak Rishi Ashram Vikas Evam Srimad Bhagwad Gita Prachar-Prasar Samittee, Allahabad. Prof.Bhim Singh filed written arguments before the Constitution Bench this morning praying that the words, “Hindu Religion may broadly bedescribed as a way of the life and nothing more” may be expunged/deleted from the pages of the judgment of the 5-judge bench which was delivered on 14.01.1966.

Sd/-Ajay Kumar Singh, Advocate-on-Record   

————————————————————————————————————————————

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
I.A. (CIVIL) NO. 6   OF 2016

IN

CIVIL APPEAL NO.8339 OF 1995

 

IN THE MATTER OF:

Narayan Singh                                                                      …Petitioner

 

Versus

Sunderlal Patwa                                                                    …Respondent

 

AND IN THE MATTER OF:

Sri Vibhandak Rishi Ashram Vikas Evam 

Shreemad Bhagwad Gita Prachar —Prasar

Samiti  & Anr.                                                               …Applicant/Intervenor

 

A BRIEF WRITTEN SUBMISSION ON BEHALF

OF INTERVENOR

 

1.      That the intervenors would like to submit that they are the interested and necessary party in the present case as the judgment delivered by 5-Judge Bench headed by the Hon’ble Chief Justice of India Mr. P.B. Gajendragadkar dated 14.01.1966 has interpreted, though casually, that the Hindu religion, “may broadly be described as a way of life and nothing more”.

a).     The Hon’ble Constitution Bench was dealing with a matter pertaining to a local dispute over the entry of certain classes of Hindu religion into the temple.

2.      That the Constitution Bench of 5-Judges headed by Chief Justice of India, Mr. P.B. Gajendragadkar came out with a new interpretation of Hindutva/Hinduism for the first time. In para 29 of the judgment in Civil Appeal No.517 of 1964 dated 14.01.1966 titled as Sastri Yagnapurushadji and Others Vs. Muldas Bhudardas Vaishya and Another reported as (1966) 3 SCR 242 : AIR 1966 SC 1119 came out with an interpretation of Hindutva without considering the past record and the logic carried out in the Vedas, Scriptures as well as Shrimad Bhagvad Gita. The Constitution Bench said (para 28), “the Encyclopaedia of Religion and Ethics, Vol. VI, has described ‘Hinduism’ as the title applied to that form of religion which prevails among the vast majority of the present population of the Indian Empire (P.686). As Dr. Radhakrishnan has observed that; “The Hindu civilization is so called, since its original founders or earliest followers occupied the territory drained by the Sindhu (the Indus) river system corresponding to the North West Frontier Province and the Punjab. This is recorded in the Rigu Veda, the oldestof the Vedas, the Hindu scriptures which give their name to this period Indian history. The people on the Indian side of the Sindhu were called Hindu by the Persian history. The people on the Indian side of the Sindhu were called Hindu by the Persian and the later western invaders. That is the genesis of the word ‘Hindu’.”       

3.      That the Constitution Bench though described Hinduism broadly but confined its scope that it was nothing more than a way of life.

4.      That a 3-Judge Bench of Supreme Court of India headed by Justice Mr. J.S. Verma in Civil Appeal No.2835 & 2836 of 1989 in its judgment decided on 11.12.1995 titled as Dr. Ramesh Yeshwant Prabhoo Vs. Prabhakar Kashinath Kunte & Ors reported as (1996) 1 SCC. The Supreme Court (para 35) referred Sastri Yagnapurushadji and Others Vs. Muldas Bhudardas Vaishya and Another and said, “Who are Hindus and what are the broad features of Hindu religion, that must be the first part of our enquiry in dealing with the present controversy between the parties. The historical and etymological genesis of the word ‘Hindu’ has given rise to a controversy amongst indologists; but the view generally accepted by scholars appears to be that the word ‘Hindu’ is derived from the River Sindhu otherwise known as Indus which flows from the Punjab. ‘That part of the great Aryan race’, says Monier Williams, ‘which immigrated from Central Asia, through the mountain passes into India, settled first in the distircts near the River Sindhu (now called the Indus). The Persians pronounced this word Hindu and named their Aryan brethren Hindus. The Greeks, who probably gained their first ideas of India from the Persians, dropped the hard aspirate, and called the Hindu ‘Indoi’ (‘Hinduism’ by Monier Williams, p.1).”

5.      That Hindu Dharma has passed through several stages/ situations/tense periods in the history of humanity for thousands of years yet it remained a flowering ethos with Ocean of humanity transcending message of humanism and peace to the entire mankind. Hinduism could not be described as a way of life and nothing more. This is a casual interpretation and could not be interpretted as Hindutva described in the Vedas or the Holy Granth of the Hindus, ‘Srimad Bhagvad Gita’. Introducing any change in the concept of the oldest Dharma in the world cannot be appreciated nor it can be accepted by any legal means or methods.  

6.      That the judiciary has competence and authority to interpret the laws made by man. In other words the laws enacted by the legislature or traditional laws could be interpreted by the judiciary but the laws made by God cannot be interpreted by the judicary nor the courts are empowered to interpret the laws made by God. Hinduism is the oldest religion in the world and it has one God alone. The Supreme Court in its judgment in case of Sastri Yagnapurushadji and Others Vs. Muldas Bhudardas Vaishya and Another, the Hon’ble 5-Judge Bench has erred by saying that, “It does not worship any one God; it does not subsribe to any one dogma, it does not believe in any one philosophic concept; it does not follow to any one set of religious rights of performances; it does not appear to satisfy the narrow traditional features of any religion or creed.” 

7.      That the Hon’ble 7-Judge Bench of the Supreme Court may be pleased to reconsider this defition of Hindutva in the light of the message transcended Srimad Bhagvad Gita. According to Sri Krishn (B.G.-2.16-29), the unreal never exists and the real is never without existence at any time. God alone is real permanent, indestructible, changeless and eternal, but heis beyond thought, imperceptible and quite above the fluttering of mind. Action is the name of the mode by which a man attains to God after subduing his mind. Putting this mode into practice is dharma, which is a trust or obligation. As Sri Krishn has told Arjun in the fortieth verse of Chapter 2 (Bhagvad Gita). “Since selfless action neither wears out the seed from which it sprang nor has any adverse consequence, even a partial observance of it liberates one from the dire terror of repeated birth and death.” So the undertaking of this action is Dharma. 

8.      That the final submission before this 7-Judge Bench of the Hon’ble Supreme Court of India is that the last line in para 29 which says,”It may broadly be described as a way of life and nothing more” may be expunged/deleted from the pages of the said judgment.  

SUBMITTED BY:

 

 

PROF.BHIM SINGH

SR. ADVOCATE

NEW DELHI, 19.10.2016.

 

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

Stop pellet bullets against children of India, Or face trial for human rights violation

A meeting of the State Legal Aid Committee headed by Prof.Bhim Singh, a Barrister & Sr.Advocate of Supreme Court of India chairing State Legal Aid Committee was held this morning at Jantar Mantar, New Delhi to work out an appropriate and affective measures to save the children of India who have been facing pellets (lead bullets) in Kashmir for the pleasure of the rulers of J&K. It is one of the greatest tragedies of the time that BJP became a ruling partner with PDP who have been ruling the state for the past over two years.

            Prof.Bhim Singh, Chief Patron of NPP convened an emergency meeting of the State Legal Aid Committee in New Delhi took a hard decision to move the National Human Rights Commission in New Delhi, the capital of India against the brutal, barbaric and inhuman use of pellet guns against the children of India in J&K. Prof.Bhim Singh addressing over 50 lawyers-members of the State Legal Aid Committee hailing from different parts of the country decided that a human right protection campaign shall be undertaken by the State Legal Aid Committee to mobilize the national opinion of the human activists and politicians as well as the intellectuals against the barbaric use of pellet guns against the children in Kashmir Valley which is rightly called as crown of India and where Mahatma Gandhi felt the ray of hope and saw the lights of the day in the forties during the freedom struggle of India against the British kingdom.

            Prof.Bhim Singh declared that the use of pellet guns shall be declared as inhuman, criminal, unrecognized in the chapter of human rights and unacceptable in the Indian democracy which is supposed to extend to the State of J&K. Prof.Bhim Singh declared that the State Legal Aid Committee shall knock the doors of National Human Rights Commission to ensure that such use of pellet guns is listed as anti-human and crime against the humanity in a free country, India.

            Prof.Bhim Singh said that more than 50 youth including males and females and children have been hit by the pellet bullets for the pleasure of the rulers of J&K which include BJP and PDP. Prof.Bhim Singh said that during 100 years Dogra rule the bullets were not allowed to be used against the people. It was only in 1931 that some people were killed (martyred). The then Maharaja of J&K, Hari Singh invited a British Commissioner to hold inquiry and all the guilty policemen were punished. This was one instance in 1931 during 100 years of Dogra rule. He wondered how many innocent persons have been killed by the so-called democratic government in J&K who claim to be Indian where the rule of law of the Constitution of India does not reach. J&K is the only state in India which has not been officially merged by the Constituent Assembly and the only state which has its separate Constitution without any fundamental rights incorporated inside the Constitution. The only hope of the people of J&K lies in Supreme Court of India which has managed of its own to extend its jurisdiction to the State of J&K in spite of the fact that J&K is not under the command of Constitution of India because of the temporary provision of Article 370.

            Prof.Bhim Singh declared that October 26 shall be celebrated as Accession Day throughout J&K, the day Maharaja Hari Singh signed the Instrument of Accession in 1947. He regretted that the Parliament of India has not cared to implement that accession for merger of the state till this day. Prof.Bhim Singh said that Article 370 needs to be amended so that people of J&K shall be guaranteed all the fundamental rights incorporated in the Constitution of India.         

FIR against Airlines dealing with domestic flights

 

Sub: FIR against Airlines dealing with domestic flights.

Sir,
I as a State President of Delhi Pradesh Unit of National Panthers Party would like to request for registering an FIR (First Information Report) against the domestic airlines namely, Jet Airways, Air India, SpiceJet, Go & Indigo and others for having ruthlessly enhanced the air-fare on the domestic routes which is violative of the principles of natural justice and amounts to a fraud on the rule of law.
1.    That seveal Airlines taking advantage of Haryana’s unrest and protests, several Airlines operating in India under the rules and regulation settled by the Ministry of Aviation etc. of Govt. of India have violated the rules, the laws and have been playing fraud with the customers/passengers travelling from New Delhi to Chandigarh and some other places.
2.    The normal air-fare from New Delhi to Chandigarh is approximately below/around Rs.5000/-. The Jet Airways example has raised the economy fare for the air travel between New Delhi to Chandigarh to Rs.17,282 (Economy) and Rs.26,740 (Premiere) classes, which is evident from Annexure-P1.
3.    That the Jet Airways has announced the price list dealing with air-fare from New Delhi to Chandigarh on February 21,2016 (Annexure-P2) ranging between Rs.70,000 to 99,000. Similarly the air-fare of the same airline have been shown from Rs.42,000 to Rs.77,000/-. (Annexure-P3).
4.    That another paper cutting (P4) dated 21.02.2016 has raised the alarm on the spate of violence unleashed by Jat protesters demanding quotas has sent air fares on the Chandigarh-Delhi sector through the roof with the cheapest available one-way ticket for Monday selling for over Rs.99,000.
5.    That the Times of India New Delhi dated 23.02.2016 has in its story “As airfares soar, PM Modi frets”. This story also speaks of the discriminatory rise in airfare from Delhi to Chandigarh and also speaks about the discrimination being committed by several airlines including Jet Airways. (Annexure-P5).
6.    That the Panthers Party is led by several senior human right activists and strongly regrets for the failure of the Union of India to deal with those highway robbers who have been using their authority in violation of the principles of natural justice and the rule of law. Thus causing grave hurt to the fundamental and civil rights of the citizens of India and other persons by raising airfare for the local passengers by exploiting their compulsion and need under the circumstances.
7.    That this person filing this FIR is a state president of Delhi Pradesh National Panthers Party which is recognised party by the Election Commission of India and chaired by Prof.Bhim Singh, the Chief Patron of the party who is a senior advocate of the Supreme Court of India and Executive Chairman of the State Legal Aid Committee.
It is submitted that an appropriate FIR be registered against Jet Airways and other Airlines which have been flouting the rule of law and the principles of natural justice which amounted to robbing the passengers and an utter violation of The Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980. (Annexures-P6 & P7).
It is submitted that the one-way, 45-minute flight is priced almost double that of a Delhi-London return flight that costs around Rs.46,000. A Delhi-New York return ticket costs around Rs.63,000. Airline sources said flights out of Chandigarh were fully booked as people were desperate to get out of the city.
“These are the last few seats available and they are being sold for a premium,” said an airline official who did not wish to be named. Across the board from economy to business class seats, prices showed a ten-fold jump, with a one-way ticket on travel portal makemytrip selling at Rs.99,128.”
It is requested that the appropriate FIR may be registered against the Indian Airlines mentioned here, Jet Airways and other Airlines who are involved in similar offences and are violating the principles of natural justice and the rule of law forthwith.
Thanking you,

Submitted by:

Rajiv Jolly Khosla
President

 

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,

Sd/-
Bhim Singh