New Delhi NPP held protest at Jantar Mantar demanding imposition of Governor Rule in J&K

Presented the following Memorandum to the Speaker

Petition to the Hon’ble Speaker, Lok Sabha

New Delhi

Sub:-Petition to the Hon’ble Speaker to introduce amendment in Article 370 for the safety, security and integrity of the nation.

 

Hon’ble Speaker, Madam,

Jammu and Kashmir National Panthers Party is submitting the following amendment in Article 370 of the Constitution of India to be introduced and carried in the Constitution of India in the interest of national integrity, security and unity of India.

It is submitted that a temporary provision under the name and style, “Temporary provision-Article 370” was inserted in the Constitution of India as a temporary faith at the time of promulgation of the Constitution of India on 26th January, 1950. This Article was temporary and heavily defended by the Chairman of the Constituent Assembly Dr. Bhimrao Ambedkar. This was assured that this provision was temporary and would not continue long.

The blunder committed by the Constituent Assembly cannot be ignored by keeping State of J&K out of the Union of India and the State ruler Maharaja Hari Singh was forced to continue as Ruler. J&K was only state which was not merged into the Union of India by the Constituent Assembly. This blunder has proved a disaster for the national unity and the Parliament has not till date declared the merger of J&K with the Union of India.

That Article 370 has turned out to becancer’ in the heart of the Constitution of India and the responsibility for this tragedy lies on the Parliament of India which has failed to take appropriate action in 67 years or so.

The Panthers Party urged on the Hon’ble Speaker to introduce amendment in Article 370 in the Constitution of India by deleting Clause (3) of Article 370 which bars the supreme power of the Parliament to amend any (a) provision of Article 370.

It is submitted that India is one from J&K to Kanyakumari and therefore one nation cannot be governed by the separate Constitution. The Parliament of India is fully competent to amend Article 370 and extend the domain of the Constitution of India from Kashmir to Kanyakumari with one flag and one constitution.

demo-370The Panthers Party would like to submit before the Parliament that the Parliament should act boldly in the interest of unity, integrity and sovereignty of India from J&K to Kanyakumari. The power of Parliament to legislate in respect of the subjects mentioned in List-I of Schedule-VII should be restored in respect of J&K which acceded to the Union of India under the seal and signatures of the then ruler of J&K, Maharaja Hari Singh. This decision of the ruler of J&K was in accordance with the dictates of the Instrument of Accession. Similar Instruments of Accession signed by 577 Rulers/Maharajas/Nawabs of their respective states were accepted by the Constituent Assembly keeping J&K away but expelled the Maharaja from J&K state for personal vengeance.

            The Parliament of India must exercise its supreme power to amend temporary provision of Article 370 which is possible only by a majority vote as this is an ordinary amendment to amend only a temporary provision. Parliament of India under the leadership of Prime Minister Morarji Desai removed right to property (Article 31) from the Chapter of Fundamental Rights. If Parliament can amend a provision relating to fundamental rights, what stops that Parliament to amend/remove a temporary provision (Article 370) which was inserted into the Constitution for only avenging the ruler of Kashmir for personal vendetta.

            The Panthers Party would like to make a strong appeal to Hon’ble Members of Parliament to take this most needed step to ensure that there is one Constitution and one Flag for the entire Union of India from Kashmir to Kanyakumari and Gujarat to Nagaland. The people in J&K have been suffering for want of fundamental rights which are not applicable to the residents of J&K as the fundamental rights are not available in the so-called Constitution of J&K.

            This is strong submission by J&K National Panthers Party that the residents of J&K being citizens of India may be extended all fundamental rights without any delay. There is a need to dissolve the present Assembly in J&K, dismiss the Government in the state and invoke Section 92 of the J&K Constitution so that the Governor Rule is imposed without any delay to ensure return of peace and fundamental rights to every citizen of India residing in J&K.

            With warm regards and hopes for justice,

Yours sincerely,

 

Prof.Bhim Singh

Chief Patron

J&K Legislature has no jurisdiction to discuss international relations or defence matters

Prof.Bhim Singh, Chief Patron of National Panthers Party and Member of National Integration Council has challenged the legality and competence of the Legislative Council/Assembly to entertain any matter for any discussion connected with the External Affairs, Defence or International Borders. Prof.Bhim Singh said that State of J&K even under Article 370 has no authority to interfere with any subject mentioned in List-I (Union List) of Seventh Schedule. He said that Army is covered under Item-2 of the Union List whereas Foreign Affairs are covered under Item-10. Item-9 clearly states that all matters relating to Defence, Foreign Affairs or the security of India are the subjects which can only be discussed or interfered with by the Parliament. The State Legislature is no competent to discuss any matter and entertain any resolution relating to any matter connected with International Borders or Defence.

Prof.Bhim Singh said that a so-called private resolution introduced today (27th August, 2014) and projected by a National Conference (ruling) MLC in the Legislative Council is not only obnoxious, illegal or unconstitutional but amounts to direct interference with the boundaries and jurisdiction of the Parliament. Hence it amounts to treason and therefore must be condemned by all nationalists. Neither the Chairman of the Council nor the Speaker of the Legislative Assembly has any competence to entertain such a resolution from any Member whatsoever.