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