EASY WAY TO DELETE ARTICLE 370
How to repeal these Articles?
Article 370 can be repealed easily by the Presidential Notification under clause (3) of Article 370. And the said Notification can be issued on the basis of the Government Resolution, also known as Cabinet Resolution, and does not require any voting in Parliament or any Constitutional amendment, whatsoever.
It is relevant to reproduce here Clause (3) of Article 370 as follows:
“370. Temporary provisions with respect to the State of Jammu and Kashmir
(1) Article 370(1) in The Constitution Of India 1949
(2) Article 370(2) in The Constitution Of India 1949
(3) Notwithstanding anything in the foregoing provisions of this Article, the President may, 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:
Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification.”
It is relevant to note that proviso to Clause (3) of Article 370 requiring the recommendation of the Constituent Assembly of Jammu and Kashmir before the issue of Presidential Notification has become redundant and unnecessary because, on January 25, 1957, the Constituent Assembly of Jammu and Kashmir had been dissolved. Since no such Constituent Assembly exists now, restriction mentioned in Clause (3) cannot operate.
Along with the abolition of Article 370, the above-described Constitution (Application to Jammu and Kashmir) Order, 1954 dated May 14, 1954, which also contains Article 35A, and which was issued by a Presidential Notification under Article 370 should also be abolished by the Presidential Notification under Clause (3) of article 370.
What must BJP do?
Articles 370 and 35A are monumental symbols of national ineptitude and slavery of fake secularism.
After getting power in 2014, BJP has done nothing to fulfil its perpetual promises regarding “justice to all and appeasement of none”, Uniform Civil Code, the abolition of Article 370, rehabilitation of Kashmiri Hindus in Kashmir, same rights and same laws for all Indian citizens irrespective of their religion etc. etc.
Even in the remaining few weeks of its tenure, BJP government can regain its credibility by honouring at least one of its core promises by immediately abolishing the patently unjust, perverse, discriminatory and self-destructive Articles 370 and 35A.
Deletion of these Articles would mean one nation, one citizenship, one flag and one constitution for entire India including Jammu and Kashmir for which patriots like Dr. Shyama Prasad Mukherji lived and died.
And this deletion would start liberation of India from the slavery of pseudo-secularism.
I conclude this piece with the Sanskrit adage “Tatha Astu.” (Let it be so).
https://www.pgurus.com/easy-way-to-delete-article-370-and-35a/