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Bhim Singh on Act of Parliament vis-à-vis J&K Statehood

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5 Dariya News

Jammu , 07 Aug 2019

Prof. Bhim Singh,Chief Patron of National Panthers Party & Sr. Executive Member of Supreme Court Bar Association of India while addressing a press conference at Party Headquarters, Jammu described the latest Act of Parliament on the status of Jammu & Kashmir as a non application of mind by the ruling parties in the Parliament during the discussion.Prof. Bhim Singh said that New Act of Parliament which has been described as “Reorganization of Jammu & Kashmir” is totally misleading and leads to disintegration of the 200 years old state and demolishes states integrity and history which was founded in 1846 by Maharaja Gulab Singh as the status of Jammu & Kashmir has been reduced to a Union Territory with sever other UTs.NPP Supremo said that the first part of the New Law created by the Parliament vis-à-vis Jammu & Kashmir taking Article 35 A out of Indian Constitution is justified as 35 A was inserted by the President of India in 1954 on the recommendation of the then Prime Minister of India. The Law under 35 A was valid only for six months. Its continuation was unconstitutional and unacceptable as 35 A took over the control of Fundamental Rights of all Indian citizens in Jammu & Kashmir. It is removed by the President of India as Parliament had nothing to do with its status.Secondly the other part of the Act of Parliament under discussion is regarding the Article 370 which was temporary since 1950. It had taken control under the dictatorship of the Indian Government and therefore amendment was necessary. The important part to be amended in Article 370 was that Parliament should have been restored its Legislative power to legislate in respect of the Defence, the Foreign Affairs, Communications and Allied Matters as was incorporated in original language of the Constitution when it was adopted on 26th January, 1950. 

The Parliament has competence to make laws in respect of these subjects which were offered in the Instrument of Accession signed by the then Maharaja on 26th October, 1947. This was a grave blunder to take away the powers of the Parliament in dealing with these subjects. This was the blunder. It is surprising that new amendment which has been projected by the Parliament retains this provision and it is not known whether Parliament has been given any authority to deal with these subjects. The Government had announced that it was deleting temporary Article 370 from the Constitution but temporary Article with its provision (1) has been retained which does not go with the spirit of integrating the State of Jammu & Kashmir with rest of the country.Thirdly the Modi Government has committed a Constitutional blunder by withdrawing legitimate to Jammu & Kashmir as State which was founded by Maharaja Gulab Singh in 1846. The New Act passed by the Parliament of India under the leadership of Mr. Modi has taken away nearly 200 years established status of Jammu & Kashmir as a State. Converting State of Jammu & Kashmir into a Union Territory is not only harsh or unacceptable but is against the letter in spirit of the history of Jammu & Kashmir and has damaged the spirit of National Integration as Jammu & Kashmir was a State with 29 States in the Country creating Ladakh as a Union Territory was the demand of the people of Ladakh and it has only four Assembly constituencies when State has 87. 

The demand of the residents of Ladakh was a popular demand and suited geographically as well. Converting Jammu & Kashmir as a Union Territory shall be taken as a National blunder which cannot be accepted by the residents of State in Jammu & Kashmir. Jammu & Kashmir had a unique history with the rise of Maharaja Gulab Singh as the founded Maharaja of Jammu & Kashmir in 1846. The history of the Dogras with the history of Kashmir with art and literature is known the world over. Demolishing the State status to Jammu & Kashmir is unforgivable blunder and therefore the Parliament shall do justice to withdraw last part of the Act leaving the State status of Jammu & Kashmir. This is the demand of the people, voice of the people of Jammu & Kashmir to reorganize Jammu & Kashmir as a Confederation of Jammu Province State & Kashmir Valley State with separate Assemblies and Secretariat and Separate Governments. The both States can be looked after by One Governor and One High Court.The J&K National Panthers Party shall not accept the so called law which demolishes its statehood and shall go for Confederation of Jammu State & Kashmir State with all Fundamental Rights to the citizens of India in Jammu & Kashmir as provided in Chapter- III of the Indian Constitution which has become applicable after the removable of Art. 35 A of the President of India.Ms. Anita Thakur, General Secretary, Capt. Anil Gour, Secretary & Surinder Chouhan, District President Jammu Rural were also present in the press conference.


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