Bhim Singh urges President Shri Ram Nath Kovind for his urgent intervention to delete Proviso (3) in Art. 370

“I am taking this liberty urging the Hon’ble President of India for his urgent intervention to ensure amendment in Clause-3 of Article 370 which says that,

“Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify:

Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification.”     

  1. It is submitted that President of India in his intervention made several changes in the character/language of Article 370 and that were implemented.
  2. That the President of India intervene in 1954 and amended Article 35 of the Indian Constitution which is the last para in Chapter-III of the Indian Constitution deals with the Chapter on Fundamental Rights.

I).      It was the pleasure of the President of India, Hon’ble Dr. Rajendra Prasad who inserted an amendment in Article 35 by inserting Clause 35A which reads,

                   “Notwithstanding anything contained in this Constitution, no existing law in force in the State of Jammu and Kashmir, and no law hereafter enacted by the Legislature of the State,

a).      defining the classes of persons who are, or shall b permanent residents of the State of Jammu and Kashmir; or

b).      conferring on such permanent residents any special rights and privileges, or imposing upon other persons any restrictions, as respects:-

          i).      employment under the State Government;

          ii).     Acquisition of immovable property in the State;

          iii).    Settlement in the State; or

  1. iv)      right to scholarships and such other forms of aid as the State

Government may provide; 

shall be void on the ground that it is consistent with or takes away or abridges any rights conferred on the other citizens on India by any provisions of this part.

  1. That this amendment made by the President was sponsored by the then Union Govt. of India although this recommendation was totally against the concept and the constitutional power vested in the President of India. The President of India was vested power only to interfere into the domain of Article 370 and not with the domain of any area within the meaning and scope of Chapter-III of the Indian Constitution dealing with the Fundamental Rights of the citizens of India. Article 35 could not have been interfered with by the President of India who could have interfered only with Article 370 which was a temporary provision. (This Article 370 is still a temporary provision in the Constitution of India).
  2. This is important that President of India is vested with absolute power to interfere into the domain of Article 370 which has been a temporary phase for 70 years. President of India made several changes in the body language of this Article. ‘Maharaja’ was replaced by the ‘Sadar-e-Riyasat’ and later in 1964 Sadar-e-Riyasat was replaced by Governor. This was the domain of the Presidential Power vested under Article 370.
  3. Hon’ble President of India is urged to withdraw Article 35(A) from Chapter-III of the Indian Constitution which was wrongly inserted into Chapter-III of the Indian Constitution and which is no more relevant under the given circumstances. The President is the only authority to withdraw 35(A) because this 35(A) was inserted by the President without the support or sanction of the Parliament of India which alone enjoys power to amend any provision of the Constitution of India. Article 35 is not in the domain of Article 370.
  4. This is submitted that proviso, is temporary as Article 370 in its Clause (3) as produced above has lost its relevance for many reasons after its insertion in the Constitution of India in 1950. After 70 years, temporary provision has lost its meaning and legal sanctity. Besides, proviso provided in 370 (3) has become redundant and has no legal meaning left at all in Article 370. This proviso has become dead and should be declared so by the President of India who is the controller over the temporary Article (370). The President of India has an exclusive power vested in him by the Constituent Assembly who was supposed to take clearance from the Constituent Assembly of J&K (which itself was undemocratic and unconstitutional measure. The so-called Constituent Assembly of J&K came to an end when J&K Constitution was promulgated in J&K on 26th January, 1958. The so-called Constituent Assembly of J&K does not exist even physically speaking. The proviso inserted in Clause 3 of Article 370 became dead and redundant, the day Constitution of J&K was promulgated. Therefore, Article 370 which had empowered the Ruler of J&K, the Maharaja and which had inserted a proviso under Clause 3 of Article 370—All have been changed and amended.
  5. It is in this background and constitutional development in the history relating to the constitutional relationship between J&K and the rest of the country; that the President of India is urged, in interest of the sovereignty of the Nation and in the interest of the civil and fundamental rights of all the citizens of India including those who have been identified as Permanent Residents in the State of J&K. The Hon’ble President enjoys sovereignty over the territory of the Union of India which includes J&K as well.

This is small submission before Your Excellency, who has been a noted Advocate in the Supreme Court of India where I am practicing as a Sr. Advocate & at present, am, Sr. Executive Member of the Supreme Court Bar Association that intervention by Your Excellency in the Affairs of J&K under Article 370(3) can ensure Fundamental Rights to the Permanent Residents (Citizens of India) and ensure equity, justice and full freedom guaranteed in Article 19 of the Constitution of India. The residents of J&K are the citizens of India and deserve the benefit of all Fundamental Rights provided in the Constitution of India in its Chapter-III so that they shall not be subjected to the draconian laws made by J&K like Public Safety Act and others. Indian Penal Code need to be implemented so that Indian citizens in J&K shall also share the fruits of all Fundamental Rights with their brethren in India.

I urge Your Excellency to issue a declaration that all Fundamental Rights enshrined in the Constitution of India shall be guaranteed to the Permanent Residents of J&K being citizens of India and proviso in Clause 3 of Article 370 has become redundant after death of the Constituent Assembly in J&K. The Parliament of India is empowered to legislate in respect of the Subjects which were included in the Instrument of Accession signed by Maharaja Hari Singh on 26th October, 1947. This is the only way to save the people from further death and destruction caused by the enemies of peace and humanity.

With warm regards and assurances that National Integration and peace shall be our lasting commitment.”

 

Sd/-Bhim Singh

First time ‘no’ by SC for early hearing of WP 578/2001 against rehabilitation of 5 Lacs Pakistani citizens in J&K

The Chief Justice of the Supreme Court of India, Hon’ble Mr. Justice J.S. Khehar presiding over a Division Bench this morning refused early listing of a Writ Petition No. 578/2001 filed by J&K National Panthers Party. Prof.Bhim Singh, Sr. Advocate who mentioned this matter before first Division Bench presided over by the Hon’ble Chief Justice of India urging on the Chief Justice for early hearing of the said writ petition which was filed by the J&K National Panthers Party in 2001 challenging the Jammu and Kashmir so-called Rehabilitation Act which was passed in 1981 when Sheikh Mohd. Abdullah was the Chief Minister of J&K with the mission as was stated by the then Chief Minister, Sheikh Abdullah himself to ensure return of about 500,000 Pakistani citizens who had migrated to Pakistan during the partition of India in 1947. The Act passed by Sheikh Mohd. Abdullah and supported by all the parties and legislators except Prof.Bhim Singh who was an MLA of the Congress Party. This Act provided that all those persons who had migrated to Pakistan in 1947 during and after partition had right to return. This right to return and rehabilitate in J&K was applicable to the descendants of the migrants as well. According to the mathematical calculation at that time this Law if implemented would bring about five lacs Pakistani citizens to J&K in 1981. It would have brought more than 100,000 Pakistani trained soldiers to J&K under the excuse of J&K Rehabilitation Law.

            Prof.Bhim Singh filed the writ petition before the Hon’ble Supreme Court of India which was opposed by Sr. Advocate Shri Ram Jethmalani and assisted by the Union of India. The Panthers Party was represented by Shri K.K. Venugopal (presently the Attorney-General of India), Prof.Bhim Singh and other senior advocates. The Supreme Court stayed the operation of this order in 2001. The Govt. headed by Mrs. Indira Gandhi as Prime Minister of India in 1984 referred this legislation of J&K Assembly to the President of India (Hon’ble Giani Jail Singh was the then President of India). This matter remained in the dustbin of the Supreme Court of India from 1984 to 2001. On the request of Prof.Bhim Singh representing J&K National Panthers Party, this matter was heard by the Supreme Court of India which returned the reference of the President of India in three words, ‘Returned, unanswered, respectfully’. The J&K Govt. headed by Dr. Farooq Abdullah declared to implement this Law immediately in 2001 after the Supreme Court returned the reference. At this stage J&K National Panthers Party moved an urgent writ petition mentioned above before the Hon’ble Supreme Court of India.      

            This Law was challenged by the Panthers Party and stayed by a Division Bench of the Supreme Court presided over by Justice Chennapa Reddy. In 2008, this petition was referred to the Constitution Bench by Division Bench of the Supreme Court. From 2008 to 2016 when no Bench was constituted for this case, Prof.Bhim Singh moved another CMP before the Supreme Court. The three judges Bench comprising of Hon’ble Mr. Justice Ranjan Gogoi, Hon’ble Mr. Justice Prafulla C. Pant and Hon’ble Mr. Justice A.M. Khanwilkar. After hearing the matter on 16th August, 2016, the three judges Bench passed the following order:-

            “We have heard the learned counsels for the parties on the question as to whether these writ petitions ought to be referred to the Constitution bench.

            We have perused the order dated 23.10.2008 by which the Division Bench of this Court had actually referred these matters to the Constitution Bench. However, on the orders of the Hon’ble the Chief Justice of India, on the administrative side, these matters have been posted before this Bench (3 Judges). This Court, therefore, will take up thes ematters fro hearing, and if it becomes so necessary, will consider making a reference to the Constitution Bench under the provisions of Article 145 (3) of the Constitution of India.

            List these writ petitions for hearing after four weeks.”

            Prof.Bhim Singh mentioned this matter before the summer vacation urging the Hon’ble Chief Justice for listing the matter at the earliest so that the confusion created by this order and infiltration from across the LoC is checked with a strong hand.

            Prof.Bhim Singh expressed his unhappiness on the ‘no’ by the Hon’ble Chief Justice of India for early hearing and announced that he shall file an intervention application before the Supreme Court to hear the matter at the earliest in the interest of security and safety of the international borders and LoC so that the unwanted and undesirable illegal infiltration shall be stopped forthwith.

Tributes to Justice P.N. Bhagwati

State Legal Aid Committee chaired by Prof.Bhim Singh held a meeting at its Headquarters, New Delhi to pay homage to the former Chief Justice of India, Mr. P.N. Bhagwati who passed away on 15th June, 2017 in New Delhi. Several advocates from Delhi High Court and Supreme Court of India gathered at Jantar Mantar and expressed condolences on the unfortunate demise of leading judicial personality in India who introduced concept of Public Interest Litigation and absolute liability to the Indian Judicial System.

Prof.Bhim Singh, Executive Chairman of State Legal Aid Committee & presently Sr. Executive Member of the Supreme Court Bar Association (SCBA) expressed deep shock on the death of Justice Bhagwati whom he considers as a legal guide and philosophy and a teacher in legal jurisprudence. Prof.Bhim Singh said that it was Justice Bhagwati in 1973 who forced him to come in Advocate’s uniform when he (Bhim Singh) appeared in person in a Public Interest Litigation against the Govt. of J&K challenging the drastic amendment that the Govt. of J&K had introduced in the Ranbir Penal Code (in J&K Indian Penal Code is not applicable). It was Justice Bhagwati who made Bhim Singh to appear in the Supreme Court as a lawyer to take up Public Interest Litigation (PIL).

Prof.Bhim Singh reminded his lawyer friends that it was Justice Bhagwati who made him to constitute J&K State Legal Aid Committee to take up the legal matters in the public interest domain. Prof.Bhim Singh said that he has been fighting for the public interest since 1982 till date and that was only because of the tremendous inspiration he had been drawing from the blessings of Justice Bhagwati. Chief Justice Bhagwati was the Chairman Advisory Board of the State Legal Aid Committee, J&K and it was unique inspiration in this field which made Bhim Singh to fight on legal platform for justice and equity for the helpless and poor sufferers from different parts of the world.

Prof.Bhim Singh also visited the residence of Justice Bhagwati this morning and expressed heartfelt condolences to the wife of Late Mr. Justice P.N. Bhagwati and to his daughters.

Prof.Bhim Singh pledged that he shall continue his legal battle for the helpless and the deprived members of the society at home and abroad and that is the mission which he has inherited from his great legal inspirer in life.

 Sd/-B.S. Billowria, Advocate, Secretary-State Legal Aid Committee

Next President of India should be national voice.

Hon’ble Shri Narendra Damodardas Modi

Prime Minister of India

Race Course, New Delhi

Sub:-  Next President of India should be national voice.

Hon’ble Prime Minister, Sir,

          It is my pleasure rather privilege to write to you, the Prime Minister of India,  about the choice for the next President of India. You are the Prime Minister of this country and you have an opportunity to demonstrate your will to select a candidate which may be acceptable to the political parties and Legislators as well as to the conscience of average citizen of this country—Bharata.

          In the history of the world today we are passing through a dangerous period when nuclear weapons are hovering in the skies over our heads threatening the very existence of the humanity. India is the only country in the world which stands in the middle of the world with its thousands of years civilisation and mines of humanism, that has capacity and capability as well as acceptability around the world to convey the message of peace and human dignity. India, as I experienced during my motorcycle travelling around the world for more than five years was a great and unique experience to know India as it reflected from the minds of the people of the world—East, West, North and the South that I experienced myself which I have tried to convey throught contents of my book, ‘Around the World on Motorcycle—Peace Mission’.

          This is the time when India can take a lead to ensure that peace rules the world and peace is possible when India’s treasure of Upnishadas and Literature and its wave for universal peace and human dignity is spread through the voice of Indian leadership. I addressed a letter to the Central and the Regional leadership of India in my letter dated 6th May, 2017 in this regard. In which I had urged the “Members of Electorate College to elect the next President of India who shall represent India’s cultural heritage and its centuries’ old cool breeze of love and affection. Dr. KaranSingh is the best choice. The political parties may reach a consensus. It shall send a great message unto the world.”

          There may be many more notables who enjoy equally goodwill and have capacity and capability to represent India as its President at this difficult juncture. But India has a small problem created by our neighbourers in J&K and that problem has been disturbing our peace for nearly 70 years. Dr. Karan Singh as a President of India shall be an appropriate answer to the questions raised by our neighbourers regarding the so-called issue vis-à-vis Jammu and Kashmir. The Hon’ble Members of the Electoral College should think of their representative who has knowledge of the world history, who has experience to run Governments, a person who has knowledge of the world affairs, a person who has a history of his own and who has command on the languages which are spoken at home and abroad. A person who has an experience, education and knowledge of the history of his own country and the history of the world. We have a person, Dr. Karan Singh who shall pass all the tests as an educationist, as a representative of India’s cultural edifice and who has perfection in most of the languages spoken in India and on the floors of the United Nations. Here is the person today in the history of India who represents the unique voice of India rather entire Asia and who shall carry the Indian Flag unto the world with agenda of peace, humanity, brotherhood and human glory. This opportunity, I am sure India is not going to miss.

          I call on the Hon’ble Prime Minister of India, the Hon’ble President of Indian National Congress, Hon’ble Presidents of all the regional parties to have a look into my appeal which has no political interest but is only for giving a chance to Bharata to lead the world towards peace and humanism.

          Every Indian shall feel dignified and honoured when its President shall address the world from Kremlin, White Hall or White House for world peace and humanism which world needs most today. History changes, philosophy changed too but the men with the historical background carrying unique voice for universal peace do hardly emerge in the history of a Nation. This is an opportunity which the Hon’ble Members of Electoral College can play a unique role. India has a best Captain to lead the peace movement with global understanding for the progress of the entire world. I hope the leadership shall consider my urge.

          With regards,

Yours sincerely,

Sd/-

Bhim Singh