Jammu & Kashmir Accession & Merger Day

&K Accession & Merger Day was observed with great pomp and show by several political and social organizations at India International Centre, New Delhi today. Former Professor Sushil Kumar of JNU presided over the function. Prof. Bhim Singh was the Chief Guest who on this occasion made historic revelations on the legality of Accession followed by the merger of J&K. He said that those people who have been shouting loud to please their foreign masters expressing doubt about the merger of J&K with the rest of the country have been misleading the nation. He said that Article 370 was enacted only to tame Maharaja Hari Singh as the Head of the State. The Constituent Assembly of J&K in a resolution terminated the Monarchy thus removing Maharaja Hari Singh as the Head of the State on 20th August, 1952. With this Act the temporary provisions of Article 370 became infructuous. These provisions have been on the constitutional ventilator since 1952 as it suited both the major national parties to keep the ghost of Article 370 alive. He said that Satan is kept alive so that the people out of scare shall visit their Church as was described by Arab poet and philosopher Khalil Gibran.
The excerpts of Prof. Bhim Singh’s speech are reproduced;
“The entire world is aware that J&K forms integral part of India. The Constitution of India is clear about it. The temporary presence of Article 370 in the Constitution of India has been exploited by some political interests though this provision has no relevance in the eyes of the Constitution. I would like to bring some of the important factors to the notice of the notables in the civil society, parliamentarians, political and social activists on the relevance of Article 370 and the failures of the Parliament of India to deal with the constitutional anomalies therein.
J&K acceded to the Union of India in 1947. Maharaja Hari Singh of J&K signed the Instrument of Accession on 26th October, 1947, 66 years ago in the presence of Shri V.P. Menon at Amar Singh Palace, Jammu. Dr. Karan Singh is the sole surviving witness to this historic event. The Accession was accepted by the Lord Mountbatten, the then Governor-General of India on the morning of 27th October, 1947. Accession was complete and the Indian Army took positions in Kashmir pushing out the Pakistani invaders from the Valley. The non-Kashmiri speaking areas including Mirpur, Kotli, Muzaffrabad etc. were taken over by the Pakistani Army on 25th November, 1947, a month after the Accession of the State. Gilgit-Baltistan including Chitral, Hunza and other adjoining areas now form part of Pakistan (illegal occupation) were occupied by Pakistan Army on 5th November, 1947. These factors have never been debated on any platform in India during 66 years.
Another controversy has been raised by some political vested interests hostile to India including the J&K Chief Minister in regard to the merger of J&K with the rest of the country. Nearly 550 States acceded to the Union of India and automatically got absolved at the time of writing the Constitution of India. J&K was the only State which was given a different treatment rather special treatment by the Constituent Assembly by introducing Article 306A in the draft Constitution which was later converted to Article 370. This needs a serious diagnosis by the historians how and why J&K was given a separate treatment. Maharaja Hari Singh, was the only ruler of J&K who was allowed to continue as the Head of the State (J&K). Article 370 suffered from several contradictions which could not be addressed in 66 years.
i).    Article 370 was added only to contain Maharaja Hari Singh as the Head of the State. This was the only Instrument to control the powers of the Monarchy through a cabinet committee headed by Sheikh Mohd. Abdullah. The Maharaja had to appoint Sheikh Mohd. Abdullah as the Prime Minister of J&K on 5th March, 1948.
ii).    The survival of the Monarch was essential to create a situation that J&K remains a separate identity. The situation compelled the Monarch to leave J&K for good on 20th June, 1949, after appointing his son, Yuvraj Karan Singh as the Regent (Raj Pramukh) of the State.
iii).    After having suffered utter humiliation, Maharaja Hari Singh dashed a final letter from Poona (Pune) to President Dr. Rajendra Prasad on 17th August, 1952. The letter is available in my book, ‘The Blunders & Way Out’ which deserves special attention of the historians of this country.
iv).    It was on 20th August, 1952 that the Constituent Assembly in a resolution terminated the Monarchy in the State. This came an end of the 106 years’ old Monarchy in J&K. This Constituent Assembly was constituted by the Regent, Yuvraj Karan Singh in 1951.
v).    With the termination of Monarchy, J&K got merged into the Union of India leaving no scope for the busybodies and the enemies of the country to exploit the situation. The temporary provisions in Article 370 came to an end. Article 370 since that date stands absolutely infructuous. Alas! The Great thinkers and law-makers in the country could not dare speak out the truth. Article 370 has become an obnoxious obstacle headache for the entire nation.
vi).    The Chief Minister of J&K made a declaration from the floors of the Legislative Assembly that J&K acceded to the Union of India but J&K never merged. This day I would like to remind the great countrymen, thinkers, parliamentarians and experts in the Constitution that J&K forms as good part of the Union as is the case with Rajasthan, West Bengal, Bihar, Hyderabad, Himachal Pradesh or any other state.
Let us resolve this day that India is one from Ladakh-Kashmir to Kanyakumari. Composite culture is the beauty of out nation. Let us make it clear that we are Indians first and Indians last.”
The prominent among those who addressed the distinguished audience included M/s. Prof. Sushil Kumar, Dr. Raghubir Singh Shekhawat, Pramod Kumar Gupta, Social Activist, Attar Singh, Advocate, Supreme Court, Dr. Manas Banerjee, Journalist, Sunil Pokhriyal, Social Activist, Ms. Renu Sharma, Kali Ram Tomar, Convenor, Bhartiya Samata Samaj, Rajiv Jolly Khosla, Working President-DPNPP, Sushil Khanna, Convenor Bhim Brigade, S. Sukhwinder Singh Siddhu, Trade Unionist, Ms. Nasreen Hamid, Journalist/Social Activist, Mrs. Sudesh Dogra, Political Secretary, Faiz Khan, a Descent of Martyr Asfaqullah Khan  who moderated the discussion.
A resolution was also passed unanimously which declared that the only dispute vis-à-vis Jammu and Kashmir with Pakistan is the liberation of entire 33000 sq. miles of territory from Pakistani occupation. The resolution also endorsed the view-point of Prof. Bhim Singh that J&K was merged with the Union of India in 1952 following the termination of Monarchy. The resolution also endorsed the proposition that Article 370 of the Indian Constitution has become infructuous and has no relevance at all.