Article 35 has caused huge damage to Fundamental Rights in J&K
New Delhi: August 24, 2017. (PCP) Prof.Bhim Singh, Chief Patron of National Panthers Party & Executive Chairman of State Legal Aid Committee providing free legal aid to the victims of the State has made a strong appeal to the people of J&K particularly those who have been victim of the police atrocities right since 1953 in J&K which acceded to the Union of India on October 26, 1947 under the seal and signatures of the then ruler of J&K, Maharaja Hari Singh. It is a tragedy that Fundamental Rights incorporated in Chapter-III of the Constitution of India were kept out of the reach of the residents of J&K the day Article 35 was diluted under the seal and signatures of the then President of India on May 14, 1954.
Prof.Bhim Singh expressed shock on the concocted stories published in a section of the press today saying that Article 35(A) has been inserted to protect the rights of the citizens of India in J&K. This is totally false and has no bearing on the subject. Article 35(A) was inserted by the President of India on the advice of the then Prime Minister of India in 1954 only to put a curb on the Fundamental Rights which were guaranteed to all the citizens fo India including in J&K in Chapter-III in the Indian Constitution. Article 35 was the last Article in this chapter dealing with Fundamental Rights assuring that Fundamental Rights could not be compromised or crucified by any agency. It was shocking that Fundamental Rights of the people of J&K were taken away under the seal and signatures of the President of India in 1954 when Sheikh Abdullah was fixed in a jail somewhere in the South. This amendment made by the President is totally illegal, unconstitutional and against the Fundamental Rights of the citizens of India who were permanent residents of the State of J&K.
Prof.Bhim Singh appealed to the intellectuals, thinkers, NGOs and all others to kindly read the meaning and scope of Article 35(A) which has no possible effect in making the life of the people. It has only negative effect as it curbs the freedom and Fundamental Rights of the entire population of J&K. Let our brethren in J&K read the meaning and scope of the Article 35(A) and keep themselves away from the power hungry politicians of yesterday, today and tomorrow. We the people in J&K need all Fundamental Rights enshrined in Chapter-III of the Indian Constitution so that the people of J&K can also breath without fear and live a dignified life like their brethren in the rest of the country. Article 35(A) is a sword and not a shield.