JAMMU: “I am writing this letter to the Hon’ble President of BJP, the national and state recognized parties in India in connection with the most important subject vis-à-vis J&K and its integration with the rest of the country.
1). This is unfortunate that J&K is one of the states of the Union of India yet constitutional integration continues to be incomplete in spite of the facts that all the residents of J&K are recognized as citizens of India but J&K has not been guaranteed all Fundamental Rights (FRs) as enshrined in Chapter-III of the Constitution of India.
2). This is a great discrimination with the permanent residents of J&K that the Indian citizens known as Permanent Residents in J&K have remained denied of many benefits and privileges that an Indian citizen is entitled to.
3). That J&K is the only state in the Indian Union which has a separate Constitution and even its civil and criminal laws. Constitution of India as such is not applicable to the Indian citizens, permanent residents of the state right since 1950.
4). That all the state Assemblies in the Union of India have uniform Code of Conduct and even the life of a state Assembly is five years only. In J&K, the life of state Assembly is six years which amounts to discrimination against the State of J&K.
5). In J&K, the daughters of permanent residents in the state stand deprived of their rights of inheritance in case she happened to marry any Indian national outside the State of J&K. This law was blocked by a single vote in the Legislative Council in 2003 when this writer (Prof.Bhim Singh) defeated this sinister game of all J&K political parties in the legislature. This was discrimination against the daughters of a permanent resident of J&K.
6). J&K is the only state in India which has a separate Flag of its own as National Flag does not extend to the state of J&K. The state has separate Constitution, separate Flag and separate Criminal Law called ‘Ranbir Penal Code’ instead of Indian Penal Code.
7). J&K is having separate Constitution without any chapter or even mentioning of a fundamental right in it. It is only because of Supreme Court of India judgments extending some of the fundamental rights in J&K. J&K is the only state where it has a High Court of Judicature, a creation of the Constitution of J&K.
8). J&K is the only state where children of a permanent resident woman if marries to an Indian (not permanent resident of J&K) stand deprived of all rights of inheritance in J&K. This J&K law also deprives a Muslim woman of her Islamic Law on inheritance. This matter is being agitated in the state even today.
9). There are many flaws in the chains of the National Integration of J&K with the rest of the country.
10). This must be a surprise for many senior leaders and the constitutional experts in India that the state government of J&K has been given draconian power to amend any provision guaranteed in Chapter-III of Indian Constitution on fundamental rights by inserting ‘A’ after Article 35 of the Indian Constitution.
11). In 1954, President of India had promulgated an amendment in Article 35 adding Article 35-A which in May 1954 had empowered the state Govt of J&K (State Legislature) to amend/delete/ abrogate any of the fundamental rights in their application in the State of J&K. It is constitutional surprise that that amendment continues applicable in J&K till this day since 1954. Presidential amendment/Ordinance does not survive for more than six months in the domain of the Indian Constitution itself.
I am taking this liberty writing this brief note to your honour and to all other Executive Heads of the national and state recognized political parties to convey to you and others about the constitutional anomalies and the blunders committed in the past knowingly or unknowingly, with a hope and trust that those parties who have their presence in the Parliament shall join hands in defense of constitutional and fundamental rights of the Indian citizens, permanent residents of J&K and for strengthening National Integration.
The day the Chapter-III of Indian Constitution on fundamental rights shall extend to the permanent residents of J&K unconditionally, all the citizens of India in J&K shall enter the era of peace, conciliation sharing all fundamental rights with citizens of entire country. There shall be one Flag, one Constitution and fundamental rights to all citizens of India from Kanyakumari to Kashmir.”
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