A Landmark Amendment
In a significant development, the Kashmir chapter of the Jammu and Kashmir High Court Bar Association (JKHCBA) has excised a contentious paragraph from its constitution, which previously advocated for the “peaceful settlement of the Kashmir dispute.” This amendment marks a pivotal shift in the Bar’s stance, aligning its objectives more closely with the constitutional framework of India.
Historical Context and Recent Developments
The modification in the Bar’s constitution comes five years after a formal letter from the District Magistrate in 2020, which demanded clarification on a particular paragraph found in the Bar’s objectives. The erstwhile constitution stated that the Bar would “find ways and means and take steps for resolving the issues concerning the public at large including the larger issue of a peaceful settlement of Kashmir dispute.” The District Magistrate highlighted that this was “not in consonance with the Constitution of India, whereby J&K is an integral part of the country and not a dispute.”
Legal Profession Focus
The new constitution of the JKHCBA is now principally concerned with promoting the rights and interests of the legal profession in general and its members in particular. This shift underscores the Bar’s commitment to focusing on legal advocacy and professional development rather than political issues.
Responding to Misgivings
In a letter dated July 5, the JKHCBA addressed the District Magistrate’s concerns, stating, “It’s to inform you that misgivings you harbour regarding conducting of elections for JKHCBA, Kashmir, are unfounded and/or lopsided and/or ipsi dixit.” The letter, forwarded by the secretary of the JKHCBA’s election commission, emphasized the association’s readiness to conduct elections peacefully and fairly, despite previous government restrictions citing law and order concerns and the COVID-19 pandemic.
Supreme Court Judgement Influence
The Bar pointed out that changes in its constitution also became necessary following the Supreme Court judgment on Article 370 provisions on December 23, 2023. The JKHCBA had been one of many organizations that challenged the constitutional changes implemented in August 2019, which revoked the special status of Jammu and Kashmir.
Government Restrictions and Legal Rights
The J&K Lieutenant Governor’s administration has repeatedly denied the JKHCBA permission to hold elections over the past five years, citing various reasons, including fears related to law and order. In June 2024, the District Magistrate of Srinagar described the Bar as “an unregistered association/body” with a “secessionist ideology.”
Rebuttal of Allegations
The JKHCBA, in its letter, highlighted its nearly hundred-year history, stating, “The JKHCBA is as old as the High Court of J&K… and have worked hand in glove to promote the legal justice system of our country. Each one has held each other in high regard over the period and have exchanged their members as necessary concomitant.” The Bar refuted claims of illegality and unregistered status, deeming such characterizations as “highly unacceptable” and based on “heresy and motivation.”
Leadership Changes
The JKHCBA’s former head, advocate Mian Abdul Qayoom, was recently arrested, a move seen by many as politically motivated given his close ties to the separatist All Parties Hurriyat Conference. Nazir Ahmad Ronga has since been appointed as the ad hoc chairperson of the Bar.
Fundamental Rights and Section 144
Referring to a recent government order, the JKHCBA contended that restrictions under Section 144 were “with the sole purpose of stopping the Bar from electing its office bearers thereby threatening its existence.” The Bar argued that such restrictions violate the fundamental right to form associations under Article 19 (1)(c) of the Indian Constitution, which cannot be undermined by arbitrary use of power.
Upholding Democratic Principles
The JKHCBA currently comprises about 3,000 lawyers from all districts of the Kashmir Division. The Bar asserted its constitutional right to run its affairs and conduct elections to its executive body. “It’s reiterated that there is no reason as to why elections of the Bar Association cannot be conducted peacefully, freely and fairly,” the Bar association stated, urging the District Magistrate to lift any imposed curbs and allow the association to function without interference.
The Path Forward
The JKHCBA remains steadfast in its mission to advocate for the legal profession and support the justice system. By aligning its constitution with national legal standards, the Bar seeks to reinforce its commitment to professional integrity and the rule of law.
Key Learning Points
| Key Points | Details |
|---|---|
| Constitutional Amendment | Removed paragraph advocating for the “peaceful settlement of Kashmir dispute” |
| District Magistrate’s Letter | Demanded clarification on paragraph in Bar’s objectives |
| Focus on Legal Profession | New objectives centered on promoting rights and interests of legal profession |
| Supreme Court Judgment Influence | Changes made post-Article 370 judgment in December 2023 |
| Government Restrictions | Administration denied permission for Bar elections over past five years |
| Rebuttal of Allegations | Bar refuted claims of being illegal/unregistered |
| Leadership Changes | Nazir Ahmad Ronga appointed as ad hoc chairperson |
| Fundamental Rights and Section 144 | Argued restrictions violate right to form associations under Article 19 (1)(c) |
| Current Membership | Approximately 3,000 lawyers from Kashmir Division |
| Commitment to Professional Integrity | Aligning constitution with national standards to uphold rule of law |
Soumya Smruti Sahoo is a seasoned journalist with extensive experience in both international and Indian news writing. With a sharp analytical mind and a dedication to uncovering the truth, Soumya has built a reputation for delivering in-depth, well-researched articles that provide readers with a clear understanding of complex global and domestic issues. Her work reflects a deep commitment to journalistic integrity, making her a trusted source for accurate and insightful news coverage.
