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| Harsh for rectifying 54-year old error in state constitution | | |
Early Times Report
Jammu,January 31 :- Since November 17,1956,when the Constituent Assembly adopted the constitution of Jammu and Kashmir,a historical error has remained part of this constitution.Notwithstanding the fact that the state had,from time to time,well-known legal and constitutional experts the error has gone unnoticed by these luminaries.How this error has crept in while the 75- member constituent Assembly framed the constitution 54 years ago continues to be a mystery because among the framers majority were political,legal and constitutional heavy weights.
What has been this glaring error ?The Constitution of Jammu and Kashmir states that the state acceded to India on October 26,1947 when the accession has been finalisd on October 27,1947.It is for the first time that the working Chairman Panthers Party,Harsh Dev Singh,has decided to get this error rectified when during the last 54 years it has gone unnoticed.
How Harsh Dev plans to remove the error ?He says that he has moved a bill in the state Assembly wherein he has sought the approval of the House for amending the state constitution.He said that Maharaja Hari Singh signed the Instrument of Accession on October 26,1947 and Lord Mountbatten had signed the accession treaty on October 27,1947.He said he hoped that the Bill will be taken up for debate and adoption in th ensuing Budget session of the Assembly.
Harsh Dev said that it has been one of the biggest political blunders that in the state constitution the date for states' accession with India has been mentioned as October 26,1947.He said that it was the constitutional obligation on the part of all the members of the Assembly to support his Bill so that the relevant section of the state constitution was amended to remove the 54-year long error.
He said that he had sent the bill to the Assembly secretariat during the last August Budget session of the Assembly.But owing to limitations of time the Bill could not be tabled in the House.He said he hoped that the Assembly secretariat give top priority to this Bill because once the constitution was amended it would rectify the error which had caused confusion among historians and writers.Harsh Dev said that there was need for a detailed debate on the circumstances that led to the incorporation of this error in the constitution."Was it delibrate or unintentional ?"He asked.
The Panthers Party leader said a detailed discussion was called for examining the reasons responsible for seasoned constitutional experts and political leaders to ignore the gravity of this error that had found place in the state constitution. He said that time has come for all the members of the state Assembly to join hands with him,irrespective of party affiliations,and support his demand for amending the state constitution.He said that if "we delay rectifying the wrong we would be responsible for feeding our posterity with wrong historical data and information."
He said any member trying to oppose his Bill seeking amendment to the state constitution would be held responsible for acting in an irresponsible manner.Harsh Dev Singh said that he is simply demanding rectifying an error that has crept in the state constitution and he was not seeking any pecuniary gains for himself.
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