UHM’s unconstitutional amendment on J&K Panchayats, totally illegal, undesirable & unacceptable


New Delhi: Prof. Bhim Singh, Sr. Advocate, Supreme Court & Chief Patron-JKNPP has urged the President of India for immediate intervention to save the J&K from total destruction.  He urged the President of India to recall the so-called Ordinance issued by the Ministry of Home Affairs dated 17-10-2020 without consulting the representatives of J&K recognized political parties even without seeking advice of the President as J&K is under President’s Rule today. The Ordinance which is being called by the Ministry of Home Affairs has amended the Panchayat Act is clear from the command of the law that it has shaken the confidence of every resident of J&K as well as all constitutional experts. The so-called rules have in fact shaken the confidence of citizens of India and those entitled to all fundamental rights in J&K after removal of Article 35- A by the President of India.

He urged the President of India that this law made by the Ministry of Home Affairs is an utter violation of the Constitution of India, Panchayat Act as well as all the fundamental rights. He said that he shall be circulating an urgent letter to all the MP’s and all the political parties in India for their support to the Indian citizens in J&K so that the minimum democracy in J&K survives.

He said that the creation of 14 members in each district in J&K and depriving the entire state of its statehood and legislature now even to elect their members for the Assembly is worse than dictatorship. This attempt to destroy the constitutional right of residents of J&K by so-called amendment is totally unconstitutional, illegal and cannot be allowed in a 200-year-old State of J&K which has now been converted into a UT in violation of the constitutional parameters.

 The Sr. Advocate and constitutional expert, Prof.Bhim Singh demanded that 73rd & 74th Amendments in the Constitution of India may be fully implemented as per the law laid down by the Parliament. Once Constitution of India applies to J&K then 73rd & 74th Amendments in Indian Panchayat Act to be implemented in full as is applicable in the rest of the country.    

He submitted to the President of India that he shall knock the doors of every secular-democratic political party in India to save suffering people in J&K so that Indian citizens shall get the benefits of all fundamental rights and the rule of law which applies to the citizens of India in the rest of the country. He said the privileges which the people of North-East States including Himachal and other states under Article 371 of Constitution of India have to be granted to the Indian citizens in J&K.

 Prof. Singh said that NPP shall convene an urgent meeting of all the recognized political parties of J&K so that a joint action plan could be launched from J&K for the return of statehood, democracy, state assembly and rule of law among other things being citizens of India.  He urged the President of India to direct Lt. Governor of J&K to convene a meeting of J&K recognized political parties which include J&K National Panthers Party also before jumping off the track without any application of rule of law which is applicable to the Indian citizens in J&K also. The necessity is revival of the statehood and the State Assembly and then any outside law should be thrusted in J&K after consultation with the elected Assembly of J&K.

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