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Dr. Karan Singh has left no choice with India than to immediately repeal Article 370

Alwihda Info | Par Hem Raj Jain - 12 Août 2016 modifié le 12 Août 2016 - 13:35

Bengaluru, India

Dear Editor

Sub:- (i)- Dr. Karan Singh’s statement about non- merger of J&K with India has no legal basis (ii)- Silence of Farooq on unnecessary & explosive controversy created by Dr. Karan Singh, will be unpardonable.

--- What prompted Dr. Karan Singh to give such an irresponsible statement in Parliament is known to him only (maybe he wants to gain confidence of Kashmiris especially of separatists). But God only knows whether he is aware or not that he has created an extremely difficult situation for India and for its union government when he said in Parliament on August, 10 that - "[We say J&K is an integral part of India. Of course it is. The day my father signed the ‘Instrument of Accession’ (IOA), it became an integral part of India on October 27, 1947. However, please remember something more, - all others states subsequently merged but J&K did not merge with India hence J&K’s relation with India is governed by Article 370]"

There is no problem as such with Article 370 because there are many other such articles like Article 371 (A to J). But when Dr. Karan Singh equates Article 370 with the non-merger of J&K with India then it creates huge problems for India in finding solution of chronic and gory Kashmir problem. Because Dr. Karan Singh’s said statement in Parliament gives tremendous leverage / advantage to Kashmiri separatists and Pakistan vis-à-vis India. Dr. Karan Singh should have known better that come-what-may Hindu majority India will simply not tolerate further dismemberment of India especially by Jihadis.

For Dr. Karan Singh there is no point in making efforts to retrieve the lost opportunity (as he considers). If the then ruler of J&K (Maharaja Hari Singh who signed IOA to India) wanted J&K not to merge with India then he should have ensured that in Article 368 of the Indian Constitution it should have been incorporated that Indian Parliament cannot amend the non-merger clause about J&K even by two third majority in Parliament.

But in present form the Article 368 reads as – [Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution]

Hence there is no bar on Parliament to even amend Article 370 related to J&K and to make the merger (if needed though not necessary) of J&K (like other princely States of India) non-negotiable and final. But in view of the certainty with which Kashmiri separatists and Pakistan will exploit to the hilt this explosive statement of Dr. Karan Singh, the people of India should constrain its members of parliament to immediately repeal Article 370 of the constitution along with anything which in any way questions the final and complete merger of J&K (including PoK) with India.

Here Farooq Abdullah (being the son of Sheikh Abdullah, who is mainly responsible for bringing J&K with India) has especial role to play in dispelling unnecessary, explosive and legally untenable controversy (which is being highlighted by media in J&K especially in Kashmir valley) created by Dr. Karan Singh.

Therefore instead of wasting his time in futile discussion of the past the JKNC President Dr. Farooq Abdullah should not only come out and denounce Dr. Karan Singh about his said irresponsible statement but should also fulfill his father’s dreams of realizing human rights friendly Federal-Democratic-Secular-Socialist-Modern-Progressive ideology so that J&K and India and ultimately entire SAARC can be a much better place to live, as explained at:-


Hem Raj Jain

(Author of ‘Betrayal of Americanism’)

Bengaluru, India