Excelsior Correspondent
DELHI, Nov 27: Chief patron of National Panthers Party Prof Bhim Singh has urged upon the President of India to amend Article 370 and also dismiss J&K Government without any delay.
Addressing lawyers’ fraternity at NPP office here today, Prof Singh said that President of India is vested with full Legislative powers 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.
The NPP leader further said that Parliament 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 Oct 26, 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 senior advocate in the Supreme Court, 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.
He said the areas which have remained under the occupation of Pakistan including PoK and Gilgit and other areas in the Ladakh sector which have remained under the occupation of China 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. The leadership of India and Pakistan should sit together talk to each other without swords or guns, he added.