Parliament has no power to abrogate Art. 370 says Prof. Bhim Singh

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Chief Patron of National Panthers Party, Prof. Bhim Singh during a press conference in Srinagar. (Photo: IANS)

By Special Correspondent

New Delhi/ Jammu :  Prof.Bhim Singh, former Jammu and Kashmir lawmaker and a senior  Supreme Court lawyer on Friday asserted that the Indian Parliament has no power to abrogate Art. 370 which had been unilaterally struck down by the Modi government on August 5   last year.

Ahead of the Parliament’s monsoon session, he urged the Members of Parliament to understand the Kashmir issue because the present  leadership in the country  has failed to understand national and international ramifications which need to be addressed urgently.

In a u-turn,  Prof Singh questioned  the Modi government on the issue, and insisted that the  Article 370  still persists as Article 370 in the Indian Constitution which had given special status to the former state of Jammu and Kashmir. Before the abrogation move, he used to support the RSS-BJP  stand on Kashmir.

Now he realized and  underlined that  “The Article is very essential to save constitutional integration of Jammu and Kashmir with the rest of the country as the Ruler of Jammu and Kashmir, Maharaja Hari Singh, had acceded the entire State of J&K to the Union of India”, he said.

He has challenged the Parliament of India and all those who are claiming that Article 370 is no more a part in the Constitution of India. Though, Article 370 was temporary but J&K which acceded to the Union of India in 1947 with the signatures of its Ruler Maharaja Hari Singh unconditional but the Parliament of India deliberately inserted Article 370, though temporary, which did not tally the Instrument of Accession in 1950 with the Constitution of India and brought J&K under the temporary provision of Article 370, he added

“The Parliament of India was wise that by keeping Article 370 alive it has kept the competence/constitutional power alive to integrate the State of J&K in full on the basis of Instrument of Accession. This is important to note that all the Instruments of Accession signed by over 500 rulers/princes have been fully approved/accepted by the Constituent Assembly of India by 1949”.

He underlined that it was J&K whose Instrument of Accession was not approved/signed by the Constituent Assembly. This issue never came before the Parliament also because Article 370 was temporary and the Parliament could have intervened in this case once the issue of Instrument of Accession was referred to the Parliament of India. This issue was not discussed/touched by the Constituent Assembly. Nor this issue came and referred to the Parliament of India till today.

He appealed to the Members of Parliament to understand the most difficult issue and proposition if J&K is not brought out of the so-called Union Territory status because the Parliament should remember that India’s claim over half of the territory of J&K from the control of Pakistan & China shall suffer from the stroke of international law

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