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Created: 18 May 2018

NEW DELHI: Addressing a meeting of the lawyers in New Delhi, Prof.Bhim Singh, Sr. Advocate in the Supreme Court of India & Executive Chairman of State Legal Aid Committee, J&K today urged the Parliament of India to ensure that all Fundamental Rights (from Article 13 to Article 35) are extended to the State of J&K which had acceded to the Union of India on October 27, 1947. He regretted that constitutional mandate has not been granted by the Union of India in spite of the facts that J&K signed the Instrument of Accession on October 26, 1947. He regretted that the Parliament of India has not given a fair place inside the Constitution of India as has been granted to all other 576 states whose rulers had also acceded to the Union of India before 1950.

Prof.Bhim Singh said that the people of J&K have remained denied of all the Fundamental Rights enshrined in the Constitution of India. He regretted that it was the Union Govt. (not Parliament) which influenced the President of India in 1954 to deprive the people of J&K of their basic Fundamental Rights which were and or available to every citizen of India except the citizens of India in J&K. The citizens of India in J&K stand deprived of the Fundamental Rights since 1954 as Article 35 was amended and 35(A) was introduced which empowers the Govt.of J&K to deprive the citizens of India in J&K of their Fundamental Rights as the State Govt. has superior powers as compared to the Parliament of India. Even Parliament of India cannot control the effects of Fundamental Rights in the country. It was a long way around and difficult one which was exercised by the Parliament of India when Morarji Desai was the Prime Minister in Janata Party rule.

Prof.Bhim Singh said that the people of India, even the parliamentarians and the legislators have no idea about the fact that J&K has separate Constitution which controls even the High Court of J&K. High Court of J&K is not directly governed by the Supreme Court of India. For example the Bar Council of India is under the control of the High Court of J&K and its President has been the Chief Justice of J&K ever since it was introduced in J&K. This is interesting to note that Supreme Court of India had directed to introduce Bar Council in J&K which shall work within the meaning and scope of the Bar Council of India.

This order was passed by the Supreme Court of India over a writ petition filed by Prof.Bhim Singh seeking introduction of Bar Council in J&K. This has not been done till date. Is it the fault of the so-called militants? Is it the fault of the opposition parties in J&K? Is it the fault of the defending soldiers working on the borders? Why entire Parliament is silent? The Govt. of J&K has been pleading for ceasefire, ceasefire with whom? Has the opposite party any name, any identity, any living or operational address? The Central Govt. has been behaving the same way right since 1950 as they are behaving today.

The civil liberty, fundamental rights, right to life and liberty as well as civil liberty has no meaning for the citizens of India who have been living under suffocation right since 1950. The people of J&K, anyone can ask them, feel that they were living in peace, brotherhood and under security during the time of the Dogra rulers than the life they have been leading in J&K today. The only way out that all the fundamental rights should be extended to J&K. The people of J&K shall welcome the Constitution of India if it is extended to J&K with all Chapters on Human & Fundamental Rights so that their children shall not be forced to face the pellet guns.