Date: 4/17/2004
LOOK AT THAT EMACIATED "BUNDLE OF BONES IN A SKELETON", CALLED "BHARATVARSHA", THE LAND OF HINDUS.
IT HAS A CONSTITUTION THAT IS HANDCUFFS AND FETTERS WITH REGARD TO WEST BENGAL, EAST PUNJAB AND SOUTH KASHMIR WHILE THE REST OF SUBSERVIENT COOLIE COLONY OF BANDIT NEHRU PLODS ON IN SWEAT AND TOIL, TO BENEFIT THE IMPERISHABLE ETERNAL DYNASTY.
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18. Two different countries joined through treaty?
If the students of history and politics minutely study and analyze Article 370 retrospectively, they will come to the conclusion that though on paper Kashmir was an inseparable part of Hindustan, yet in practice it was not so. Kashmir and Hindustan appeared to be two different countries joined together through a special treaty. The pseudo-secular ruling leaders of Hindustan hoodwinked the gullible people of the country by declaring that Kashmir was an inseparable part of Bharat, but actually from legal point of view it was not so.
19. Judicial verdicts not applicable
Under Article 261 of the Bharatiya Constitution, the judicial verdicts of the High Courts and, the Supreme Court as well as other laws enacted from time to time are applicable to Hindustan, but the same could not be applied, in the earlier stage, to the state of Jammu and Kashmir, because of the restriction of Article 370
20.Separate Public Service Commission
The rules and regulations as well as powers of-the Public Service Commission mentioned in Chapter XIV of Bharatiya Constitution were not made applicable to the state of Jammu and Kashmir, which had separate independent Public Service Commission of its own.
21.Central Law of the Census not applicable
Though the state of Jammu and Kashmir was constitutionally annexed to Hindustan on October 26, 1947, yet Census could not be held in the state in 1951, because Central laws of the Census were not applicable to Kashmir on account of the barrier of Article 370. In 1959, the Legislative entry relating to Census was, applied to the state. Consequently, the Census of 1961 could, for the first time, be conducted in accordance with Central law.
22. Election Commission had no control and authority
Till 1966, the provision of Bharatiya Constitution pertaining to the direct election of the representatives to Lok Sabha were not applicable to the state of Jammu and Kashmir. The same were applied to the state in 1966. Prior to 1966,.the - Election Commission of Hindustan had no control and authority in the state. Gradually it had its footing 19 the jurisdiction of the state, but it had to act according to the rules and regulations of the state. In other words, the Election Commission of Bharat had to subordinate itself to the Legislature of the Jammu and Kashmir.
23. Proclamation of National Emergency not fully applicable
Article 352 of Bharatiya Constitution, which empowers the President of Bharat to declare a proclamation of national emergency in the whole or part of Hindustan, was not fully applicable to Kashmir.
24. Article 360 pertaining to proclamation of financial emergency not applicable Article 360 of Bharatiya Constitution, which empowers the President of Bharat to declare proclamation of financial emergency, was also not applicable to the state of Jammu and Kashmir. It is astonishing that the Central Government can give financial aid to the state of Jammu and Kashmir in emergency as well as ordinary circumstances, but it cannot give any direction to the government of Jammu and Kashmir in financial crisis ! The financial condition of the state of Jammu and Kashmir is so weak that it cannot function even for a month, if the Government of Hindustan stops financial assistance to At. If the state is left to its own resources, it will not be able to give salary to all its employees, and it will have no money left, to carry on its projects and development Works. Since 1990, hundred percent expenditure of the state of Jammu and Kashmir is borne by the Government of Hindustan in the form of 90 per cent grant and 1 0 per cent loan! Yet the Government of Hindustan cannot dictate any terms to the state of Jammu and Kashmir, nor can it give any direction to the government of Kashmir in financial crisis!
25. Powerlessness of the President of Bharat
Under Article 365 of Bharatiya Constitution, the President of Hindustan is empowered to take disciplinary action against any province, which violates the instructions of the Central Government. But on account of baneful barrier of Article 370, the President could not take any action against the Government of Jammu and Kashmir, even if it transgressed the orders of the Central Government! Thus, the President of Bharat was, for more than 15 years, powerless before the state of Jammu and Kashmir. He had no power to suspend the constitution of the State, nor could he issue any instructions to the Government of Kashmir under Article 365 of Bharatiya Constitution.
26. Misuse of Religious Places
The Government of Hindusthan enacted the Religious Institutions Act, 1988. The aim and object of the Act was to prevent misuse of religious premises for political purpose or subversive activities. It was made applicable to all the states of Bharat, but it could not be applied to the state of Jammu and Kashmir. Under Article 370, the Union Government had to seek concurrence of Kashmir government for extension of this law to the state. You will be shocked to know that the government of Jammu and Kashmir bluntly refused to give the said concurrence. Why? Because the fanatic leaders of the government of Jammu and Kashmir wanted to misuse the premises of the mosques and shrines for the malicious propaganda of secessionism, fanaticism, fundamentalism and obscurantism.
27. Alienation!
The Parliament of Hindustan has unrestricted powers to frame laws for all the states pertaining to the items included in the Union and concurrent lists of the Constitution, but it cannot apply the said laws to the state of Jammu and Kashmir without concurrence of the state government. Kashmir can be called an inseparable part of Bharat only when Bharatiya Parliament holds supremacy over it otherwise it is a separate country. Article 370 has, intact, alienated the state of Jammu and Kashmir.
28. Exploitation of the poor
Union Parliament enacted Urban Land Ceiling Act 1976 and the laws of Wealth Tax and Gift Tax to remove social Injustice and inequality; 'These beneficial laws were made applicable to all the states of Hindustan, but the government of Jammu and Kashmir under the cover of Article 370 did not give its concurrence for the extension of the said laws to the state, because the then Muslim ruling leaders of Kashmir were malicious in their intentions. They wanted to mint money by grabbing valuable plots. By the dint of Article 370, they wanted unrestricted freedom to exploit the poor and deprive the masses of their fundamental rights.
Abrogation of Article 370 is Unavoidable Necessity
The detrimental Article 370 can be easily abrogated on the following grounds:
1. Temporary and Transitional
The Article 370 was included in the Constitution under the title, "Temporary and Transitional Provisions". If it is temporary and transitional and not of permanent nature, natural justice demands that temporary measure must go sooner or later. Thus it is a. Constitutional commitment that the temporary and transitional Article must be abrogated.
2. To maintain integrity and solidarity of Bharat under Article 1
Article 1 of our Constitution states that Bharat is a Union of states including the state of Jammu and Kashmir. Jammu and Kashmir is mentioned as state No 15 in the first schedule of our Constitution. Article 1 pertains to the territorial integrity and solidarity of Bharat. Under Constitution of Bharat no state including the state of Jammu and Kashmir can secede from the Union. The present situation of Kashmir smacks of secessionism. Hence, it is the bounden duty of the Union Parliament to abrogate Article 370 to preserve and maintain the integrity of the Union.
3. Article 368 empowers the Parliament to abrogate
Under Article 368 of Bharatiya Constitution, Union Parliament is fully empowered to amend the Constitution. It can abrogate Article 370.
4. Constituent Assembly of J&K exists no more
The Article 370 itself empowers the president of Bharat to declare by public notification that this Article shall cease to be operative. But before issuing a notification, he is required to obtain concurrence of the Constituent Assembly of Jammu and Kashmir. Since the State's Constituent Assembly no more exists, the question of seeking its consent under Article 370 does not arise. Under this state of affairs, the Union Parliament can, under Article 368, delete the relevant clause of the Article 370, which requires the concurrence of the Constituent Assembly of the state on the plea that the said Constituent Assembly no longer exists. After deletion of the said clause, the President can, by public notification, declare that this Article ceases to be operative.
5. Article 355 urges the Parliament to save the state from external aggression and internal rebellion
Under Article 355 of Bharatiya Constitution, the Union Parliament is duty bound to save the states from external aggression and internal rebellion. Under the present critical situation, we find both external aggression and internal rebellion in the state of Jammu and Kashmir. Hence, the Union Parliament will be fully justified to abrogate the secessionist Article 370 and save the Nation.
6. Article 3 empowers the Parliament to alter the territories of the state
Under Article 3 of the Bharatiya Constitution, the Union Parliament is empowered to alter the territories of any state, provided the President of Bharat consults with the concerned province before signing the bill. But on account of restriction of Article 370, the Union Parliament cannot alter the territories of Jammu and Kashmir without obtaining the approval of the Constituent Assembly of the state. Since the Constituent Assembly of Jammu and Kashmir does not exist, the question of seeking its approval does not arise. After having abrogated the controversial Article 370, the Parliament of Hindusthan ought to alter the Territories (boundaries) of Kashmir, split it into parts and annex tihe said parts to the adjoining provinces in such a way that the Muslims may lose their majority. This is the only solution to solve the complicated problem of Kashmir created due to the pernicious Article 370.
7. The Parliament should delete Article 35 A to invalidate Article 370
Article 19 (1) (e) and (g) of Bharatiya Constitution guarantees all citizens of Hindustan the right to reside and settle in any part of the territory of Bharat and to practice any occupation, trade or business. But, the Article 35A incorporated later on in the Constitution in respect of Jammu and Kashmir nullifies the effect of the Article 19 (1) (e) and (g). The nullification of one Article of the Constitution by another is illegal, unlawful, unnatural and untenable. Natural justice demands that, out of the two Articles, which contradict each other, the Article which is of positive nature and beneficial to all concerned and is based on justice, fair play, truth and equality, must be retained, while the other Article which is of negative nature and detrimental to a greater number of people and is inconsistent with truth, justice and ethics, must be deleted. In the present context, Article 35A ought to be deleted at once by the Union Parliament so that Article 19 (1) (e) a nd (g) may be implemented in to to without any restriction. The deletion of the said Article 35A will invalidate the controversial Article 370.
8. Justice Chagia: Article 370 is ineffectual
Justice M.C. Chagia, the renowned jurist and the first Bharatiya Chief Justice of Bombay High Court, was a nationalist Muslim. According to him, the Article 370 was insignificant and ineffectual before other significant Articles of the Indian Constitution. It was not a barrier at all. That is why he said with confidence, "Through Article 370, the whole of the Indian Constitution could be applied to Jammu and Kashmir."
9. Article 370 is inconsistent and incompatible with the provisions of the Constitution
Article 370 is inconsistent and incompatible with the provisions of Bharatiya Constitution. It has created contradiction, incongruity, inconsistency and incompatibility in the Bharatiya Constitution Hence this article, which is the cause of conflicts, chaos, controversy and contradiction, ought to be abrogated at once.
10. Article 370 is negation of Secularism
The fundamental principles of secularism are: non-interference by religion in the administration of the state, non-discrimination between one citizen and the other, uniformity of laws for all citizens and equal status for all citizens before law. On account of Article 370, Pill the afore-mentioned fundamental principles of secularism are violated. This Article is negation of secularism, nullification of some provisions of the Constitution and denial of justice and truth. It is a butchery of democracy and mockery of secularism. It is clear-cut proof of pseudo-secularism. Hence, it ought to be either abrogated or invalidated at once..
11. The Parliament is sovereign
The Parliament of Hindustan is supreme and sovereign. It has already made one hundred amendments in the Constitution of Bharat. It is competent and capable to amend the Constitution and abrogate Article 370, which has been specifically described as 'temporary and transitional provision' in the Constitution.
12. No need to amend the Constitution. President's public notification is enough
It is not necessary at all to amend the Constitution, because the procedure to make this Article ineffectual and inoperative has already been laid down in sub-clause (3) of this Article itself. It reads : "Notwithstanding anything in the foregoing provisions of this Article, the President can, by public notification, declare that this Article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify."
The rider that 'the recommendations of the Constituent Assembly of the state shall be necessary before the President issue ' s such a notification' is legally invalid on the plea that the Constituent Assembly of Jammu and Kashmir ceased to exist in 1956. Under this state of affairs, the President alone can take the initiative to make this Article inoperative by issuing public notification without referring it to the Parliament. ......... concluded
"The Hindu culture is the life-breath of Hindustan. It is therefore clear that if Hindustan is to be protected, we should first nourish the Hindu culture. If the Hindu culture perishes in Hindustan itself, and if the I Hindu society ceases to exist, it will hardly be appropriate to, refer to the mere geographical entity that remains as Hindustan. Mere geographical lumps do not make a nation." Dr. K. B. Hedgewar
For detailed information, kindly read thought- provoking and eye-opener books authored by Kanayalal M. Talreja.
This magazine is owned by Rashtriya Chetana Sangathan' It is edited, printed and published by Kanayalal M. Talreja, P-65, Pandav Nagar, Delhi-110091, Phones 22791183 Mobile: 9810303033. Printing conducted at Sunil Printers, New Delhi - 110028.
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