Sumer Khajuria President of India by issuance of “The constitution (Application to Jammu and Kashmir) Order 2019(c.o272), there by superseding the constitution (Application to Jammu and Kashmir) order 1954 as amended from time to time in consequence of which the all provisions of the constitution of India, have been made applicable in relation to the state of Jammu and Kashmir along with all amendments made there-to from time to time by inserting provision 4 of Article 367 being applicable in J&K State. Further by means of a resolution moved by the Union Home Minister in both the Houses of Parliament resolved the said proposal envisaged by order of the President as aforesaid by more than two third majority of both the houses of Parliament on 5th and 6th August 2019, the Apex democratic Institution of the people of India, the sovereign authority so de-cleared by assuming sovereign powers transformed from the British Govt. in terms, India Independence Act 1947 by the Indian Constituent Assembly in its proceeding of 14th August 1947, therefore no iota of doubt is left about the will of the people vis-à-vis constitutional validity. The strangulation thus so created in the face of the constitution. (Application to Jammu and Kashmir) order 1954 being ad-interim arrangements till the state constituent Assembly accomplished its task of constitution so assigned under Article 370(2). Article 370(3) further cast duty on the constituent Assembly of the J&K State to recommend to the President of India with regard to cession of operation of Article 370 or its operation only with such exception and modifications from such date as it may specify before the life of such constituent Assembly came to an end on 26th January’1957. Failure to make such recommendations, creating constitutional void and un-certainity, which cannot let allowed to perpetuate indefinitely, and expected from the deginitories holding constitutional posts by administering oath or affirmations to uphold the sovereignty and integrity of India. Infect by keeping the Parliament of India side lined in the conduct of process of testing both said constitution(Application to Jammu and Kashmir) order 1954 and the constitution of Jammu and Kashmir 1957, with the touch stone of basic structure of the constitution of India being sine-quo-non could not be immune in view of the land mark judgements of the Apex court in Keshavananda Bharati V State of Kerala 1973 SC 1643, thus the constitutional instruments so applicable to the state of Jammu and Kashmir could not be immune to such constitutional process after 26th January 1957. Even the silence of the state constituent assembly during its time either to continue the said provisions of the Article 370 any further leads a prudent soul to believe that its application had rendered obsolete and could not be applied afterwards in an un-amended form which infect if brought in practice was fraud with the constitutional power being hit by the principle of “causes omissus”. The constituent assembly of India being sovereign authority of India so declared unanimously on its floor on 14th August 1947 upon assumption of such powers to India by the British Govt. in terms of Indian Independence Act 1947 could not delegate its sovereign unconfined and vagrant powers under Article 370 of the Indian Constitution but must be canalized with-in the banks that keep it from overflowing as has been held by the Apex court in Hamdard Dawakhanna Vs of (A/R 1960 SC 554) and in reference under Article 143 (A/R 1951 SC 332) The wrong nation of the state of Jammu and Kashmir has already been clarified by the Apex court in State Bank of India V/s Santosh Gupta in 2016 that the state of Jammu and Kashmir has no vestige of Sovereignty outside the constitution of India and its own constitution which is subordinate to the constitution of India, this it is wholly incorrect to describe it being sovereign in the sense of its residents constituting a separate and distinct class in themselves. The residents of Jammu and Kashmir are first and for most citizen of India. The Full bench of the Jammu and Kashmir High court in case of State of J&K Vs Dr. Shusheela Sawhney on October the 2012 held that the daughter of a permanent resident of Jammu and Kashmir will not loose status as permanent resident of state of J&K on her marriage with a person who is not a permanent resident of the state of J&K and the permanent Resident certificate of such daughters with consequantail reliefs were also held to be valid during the currency of their lives besides in heritage of their properties by their children after death. The Bill No 9 of 2004 so sought to gone through the then PDP-congress coalation Govt. in the State-Legislature to overturn such decision though confortably passed in State Assembly was under carpeted in the council upon the agitational steps of Jammu people. A private Bill was moved by Shri Prakesh Vir Shastri, MP of BJS in the year 1964 for the abrogation of droconion provision of Article 370 to which the Members of Parliament from J&K, Viz Inder it Malhotra Sham Lal Saraf Gopal Dutt Mergi and others 3 members of J&K (though hailing from congress) besides others members of the Lok Sabha Hari Vishnu Kamath, Sarju Pandey (Rabada, Hanu manthaiya (banglore) Ram Manohor Lohiya (Farooq bad) Ram Sahai Pandey (Guna) Bhagwat Azad (Bhogalpur) D.C Sharma Gardaspur, N.C Chatterji (Bengal) Shiva ji Rao S. Deshmukh (Parbhani), Hem Barna, (Gonhati) Jagdev Singh Sidhant (jhajjar), Kapur Singh Khadikar (Khed) Alvares (Panjim) Bade (Khargone) (Khed) Alvares (Panjim) Bade (Khargone) Kapur Singh (Lundhiana) Although the Bill was defecated with the hope sh Nanda the them home Minister may introduce the official bill all in vain. Again Pivate Bill No 86of 1971 for constitution (Amendent) bill to delete Articles 370 regarding Jammu and Kashmir was introduced by A.B. Vajpayee on July 9, 1071 the object and reasons that of the special status of Jammu and Kashmir being maintained even after Jammu and Kashmir being maintained even after 20 years of he commencement of the constitution is an anachronism which must be discarded now. The general legislative competence of Parliament should not be matters included in the Union list so far as matters included of the Union list must be restored immediately. In any case the special position enjoyed by the state of Jammu and Kashmir must be ended by January 26th 1972. This bill though generated heated debate on November 19 and December 3 1972 was rejected The Bill was supported the Bill and sought circulation for getting public opinion by Sh Miilchand Daga, S.P Bhattacharya Inderjit Malhotra (from J&K) Nirmal Singh Choudhary. It was a day of fortune setting the destiny of the people of J&K in particular and India a whole in general, the fate hanging in balance for the last seven decades got reciprocative respite with the just ends of the coronation of first martyer Dr Syma Prashad Mukerjee, shaped as Narindra Modi and Amit Shaha, Complishing and undoing long awaited justice, being overjoyed Sushma Sawaraj carried the massage of great victory to heavenly abode for transmission to departed souls already long awaiting for this good news for their eternal peace.
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