JAMMU, OCT 12: Chief Patron of National Panthers Party, Prof Bhim Singh, appealed the President Ramnath Kovind to act in accordance to the mandate of Constitution of India and the special powers vested in Article 370.
In a statement issued today, Prof Bhim Singh appealed the President to invoke his authority to remove or declare proviso in Article 370 (3) which says that President of India is vested with the power to amend or change any provision in Article 370 provided this amendment is recommend by the Constituent Assembly of J&K.
Prof Singh has been arguing for decades from Legislative Assembly of J&K to the Supreme Court that Constituent Assembly is dead since J&K Constitution was promulgated on 26th January, 1957 in J&K. Since that day, this proviso added at the bottom of Article 370(3) is buried deep in the political graveyard after the end of the Constituent Assembly of J&K. The President of India after 1957 is fully competent to amend or remove any provision (any part of Article 370), he said.
Prof Bhim Singh urged President to act in accordance with the spirit and the mandate of the Constitution and declare the proviso at the bottom of 370(3) as well as the unconstitutional and illegal provision inserted at the end of Article 35-called 35(A). Prof Singh said that Article 35(A) was unconstitutional, illegal and the President was not competent to reverse the effects of Article 35 in respect of the Fundamental Rights guaranteed to the residents of J&K State.