NPP Supremo urges President to exercise his power under Art. 370 to dismiss J&K Govt. & amend Art. 370

The President of India is vested with full legislative power under Constitution of India in its Article 370 to amend or resurrect any provision in Article 370 and there is no check on President’s power whatsoever. The Constituent Assembly of J&K was unconstitutional and dead since 1957 when J&K Constitution was promulgated in J&K.”

Addressing lawyers’ fraternity at Panthers Party office in exile at Jantar Mantar this afternoon, Prof.Bhim Singh sounded a strong note on the ears of the members of the Parliament who have full constituent power vested in them to introduce amendment in Article 370 which, in fact and law have become infructuous urging the President of India to exercise his exclusive legislative power to amend Article 370 (without abrogating it) to ensure that Parliament of India stands empowered to legislate vis-à-vis J&K in respect of the three subjects, Defence, External Affairs, Communication and Allied Matters which were personally included in the List of subjects extended to the Union of India by Maharaja Hari Singh himself on 26th October, 1947. The language of Article 370 is contrary to the command of Article 370 and against the declaration signed by the then ruler of J&K, Maharaja Hari Singh.

Prof.Bhim Singh a Sr. Advocate in the Supreme Court of India, a post graduate in Law from London University and a practicing Barrister who happens to be Executive Chairman of the State Legal Aid Committee urged the President of India to exercise his legislative authority vested in him under Article 370 itself that he being the President of the country shall exercise all legislative powers which were vested in the Governor-General, Lord Mountbatten from 1947 to 26th January, 1950. The President is the only authority which has exclusive authority at par with the Governor-General of India and can exercise the power to integrate State of J&K with the rest of the country which was not done by January 26, 1950 by the Governor General. Prof.Bhim Singh said that there is no occasion to blame one political leader or the other. He would not like to dig the old graves. He said the Parliament is competent to amend any provision of the Constitution including provisions on Fundamental Rights provided in Chapter-III of the Constitution of India. Article 370 is designated astemporary provision till today (66 years) and word, ‘temporary’ itself leaves no ground for protecting such a provision which was described by the law-makers as temporary in 1950.

Prof.Bhim Singh called on the Parliament to take up the issue with a nationalist mission to amend Article 370. Three subjects that ruler of J&K included in the Instrument of Accession need no further debate/discussion and should immediately be incorporated in the Constitution. The remaining subjects in the Concurrent List may be shared with J&K legislature if it shall so desire. That’s solved. This is the resolution of J&K’s problem. The areas which have remained under the occasion of Pakistan including POK and Gilgit and other areas in the Ladakh sector which have remained under the occupation of China since 1947 can be placed on agenda that India shall find amicable solution. Wars, battles, killing of innocent human beings offensive or counter offensive is not the solution. India and Pakistan was one family and is still one family. The leadership of India and Pakistan should sit together talk to each other without swords or guns. The Panthers Party also urged the residents of J&K from both sides to continue ‘Heart to Heart’ talks with each other which Prof.Bhim Singh initiated with the help of senior notables from both sides of J&K. He said that he has decided to hold the third ‘Heart to Heart’ conclave among the people of J&K before March 2017 in India or in Pakistan or anywhere else. That is the only way to ensure that the two great neighbourers shall live in peace and harmony once again.

Neither wars nor battles nor even abuses or bullets shall reach any resolution when the conflict is among brethren sharing a common civilization.