Tuesday, September 29, 2020
 News Details
Issuance of Domicile Certificate to outsiders in J&K is fraud on FRs, unconstitutional & unacceptable

Bhim Singh

This is a great tragedy that the ruling BJP in India has forgotten the history, the background and the circumstances that led to the Accession of the Princely State of J&K in 1947. It was Maharaja Hari Singh, the then Ruler of J&K, who enacted a Law on State Subject in Jammu & Kashmir by a Royal Decree in 1927. This Law then called as ‘State Subject’, naturally, the State was governed by a Maharaja. It was Maharaja Hari Singh who in consultation with all well-known representatives of all sections of the people of J&K introduced the law called ‘State Subject’. The purpose to introduce this Law was to ensure the lands of poor farmers in Jammu, Kashmir & Ladakh, does not fall in the hands of big landlords and moneyed people from outside the State of Jammu & Kashmir. It was this Law which continued with full backing of the people of Jammu & Kashmir from all regions and all classes and religious groups.
This identity of the residents of Jammu & Kashmir was preserved by the Constituent Assembly in 1949 when the Constitution of India was framed. This matter was discussed and finally settled unanimously by the Constituent Assembly while writing the Constitution of India under the Chairmanship of Dr. Bhimrao Ambedkar. It was clearly mentioned in the Constitution that all Laws pertaining to the residents of Jammu & Kashmir shall remain intact and shall not be disturbed at all. Maharaja Hari Singh signed the Instrument of Accession with the Union of India on 26th October, 1947. Jammu & Kashmir became an integral part of the Union of India after 1950 when the Constitution of India became applicable.
Article 370 was inserted as a temporary measure but with clear command that the Constitution of India shall be applicable and the benefits preserved for Jammu & Kashmir including its Permanent Residents status shall remain intact. The ‘State Subject’ was spelled as Permanent Residents with all their rights and security would remain as they were entitled to the ‘State Subjects’ which included the right of the Permanent Residents over their immovable property. The Fundamental Rights of the Permanent Residents in respect of their immovable property remained unchanged.
This is highly unfortunate rather tragic that the present government of Jammu & Kashmir under the President’s Rule has through a notification declared that the concept of/law on Permanent Residents is no more Fundamental Rights and no non-resident shall have any legitimacy to purchase, acquire or own immovable property/land. This Law could not be changed by any person, any authority, any order by anybody except the Legislative Assembly of J&K which was only competent to make any amendment in the Law on Permanent Residents’ Status. The present so-called Law issued by the unauthorized administration to abolish the Permanent Settlement Law by a dictatorial note cannot be accepted by the Constitution and the Fundamental Rights of the residents of J&K. It amounts to a threat to the very identity of the Permanent Residents of Jammu & Kashmir whose rights were preserved since 1927 under the Royal Decree of J&K ruler.

Prof. Bhim Singh, Chief Patron of J&K National Panthers Party & Sr. Advocate of Supreme Court of India has in a strong petition to the President of India, Shri Ramnath Kovind for urgent intervention to save the history, integrity and the fundamental rights of Permanent Residents of J&K whose existence and identity has been threatened by the introduction of present act of the government without consultation of the Legislative Assembly of J&K.
NPP Supremo expressed deep shock and anger on behalf of all Permanent Residents of Jammu & Kashmir on this dictatorial order that a Tehsildar/employee from anywhere in the country can issue the Domicile Certificate to the outsiders. Prof. Bhim Singh warned that this recent declaration of Govt. of India shall not be accepted/digested by the people of Jammu & Kashmir at any rate or under any circumstances. The Law on Permanent Residents introduced by Jammu & Kashmir Assembly shall not be crashed under any circumstances as no authority is competent to change/amend any Law pertaining to Permanent Residents’ Status of Jammu and Kashmir. Even J&K Assembly is not competent.
NPP Supremo who represented in J&K Assembly and in the Council for nearly 15 years has expressed shock how the status/fundamental rights of residents of J&K can be thrashed when the Parliament introduced Article 371 (a) to (j). The Parliament has introduced Law as constitutional right confirmed in the citizens of India in several states including Himachal Pradesh, even Goa and in the Northern States including Assam and Nagaland, which do not allow any outsider to buy/purchase immovable property in the Northern States including Assam, Nagaland, Manipur, Arunachal Pradesh, Sikkim and others. NPP Supremo questioned the Govt. of India how could and under what Law or authority it could introduce such a dictatorial Law to deprive the Permanent Residents of J&K of their immovable property or settle any outsider in J&K to grant him all rights equivalent to the local Permanent Residents. Firstly Law on Permanent Residents was an exclusive right included as a fundamental right in the Permanent Residents of J&K (Citizens of India). This Law could not be amended, changed all affected by any authority whatsoever nor even the Govt. of J&K. It was the Legislature of J&K which had relaxed the Law in J&K in respect of defence forces to allow the Leasehold Rights for defence purposes. That is all.
NPP Supremo announced that the Panthers Party shall hold an urgent meeting of the representatives of all the political parties in Jammu and Kashmir to decide in this matter how to save this Permanent Residents’ Status of the permanent residents of J&K (citizens of India). He also had called an urgent meeting of the senior lawyers associated with Legal Aid Committee, J&K and they shall be meeting very soon to decide an immediate legal action to stop J&K administration from issuing Domicile Certificate as they have already issued more than 30,000 Domicile Certificates to the non-residents and has given a very threatening message to the Permanent Residents of J&K.

(Prof. Bhim Singh is Chief Patron of J&K National Panthers Party & Sr. Advocate of Supreme Court of India)

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