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Know why Article 35-A of the Indian Constitution sets disputed?

Monday - July 29, 2019 1:22 pm , Category : WTN SPECIAL
'Speculation' to remove Article 35-A from Jammu and Kashmir state
'Speculation' to remove Article 35-A from Jammu and Kashmir state

Debates again on disputed Article 35-A between the opposition and support

JULY 29 (WTN) - Whether the Central Government is going to remove Article 35-A from the State of Jammu and Kashmir. Actually, since the order of deployment of additional security forces in the state has come out, this speculation has risen since then. At the same time after the order of deployment of additional security forces in the state, politics has started. Several Kashmiri leaders, including former Jammu and Kashmir Chief Ministers Omar Abdullah and Mehbooba Mufti, have advised, warned and threaten the Central Government to avoid any kind of tampering with Article 35-A.
 
For your information, let you know that the case of Article 35-A is also in the Supreme Court. However, no decision has been taken on this issue so far. In the year 2014, an NGO filed a petition in the Supreme Court against Article 35-A. Since then, this matter has remained in the center of debate and controversy in the country. What is Article 35-A, and why it is being opposed for a long time? Let's give you detailed information about it.

Actually, Article 35-A is not an original part of the Constitution of India. It was added to the Constitution in year 1954. Article 35-A was added to the Constitution on the recommendation of the immediate Prime Minister Jawaharlal Nehru Cabinet by an order of immediate President Dr. Rajendra Prasad. The basis of this article was the ‘Delhi Agreement’ signed between Prime Minister Jawaharlal Nehru and immediate Prime Minister Sheikh Abdullah of Jammu and Kashmir in 1952. For your information, let you know that under the ‘Delhi Agreement’, the matter of Indian citizenship has been considered as a subject in the context of Jammu and Kashmir.

Rules have been framed for permanent residents of the State of Jammu and Kashmir under Article 35-A of Indian Constitution. Under this article, special rights and facilities have been given to permanent residents of Kashmir. These rights and facilities are linked to government jobs, government help, property purchases, welfare schemes, scholarship and heritage.

As we told you earlier, Article 35-A is not an original part of the Indian Constitution. This President order of the concerned of Article 35-A to the Constitution was issued under Article 370 (1) (D) of the Constitution. For your information, let you know that this provision gives a right to the President to make changes and relaxation on the subject of Jammu and Kashmir in case of necessity in the constitution of the state.

While adding Article 35-A to the Constitution, the process of making the law from the parliamentary system was not followed, but it was added to the Constitution through the order of the President in its place. For your information, let you know that Article 368 (I) of the Indian Constitution gives the right to the Parliament only to amend in the constitution.

As we told you earlier that Article 35-A was challenged in the Supreme Court in the year 2014. It was mentioned in this petition filed in the Supreme Court that this article has been described as a provision against the spirit of India's unity and it promotes separatism. In this petition, the legality of Article 35-A and Article 370 was challenged. It has been stated in the petition that 35-A was a temporary provision in itself, which was added to stabilize the situation of Jammu and Kashmir at that time and the makers of the Constitution did not make this article.

Actually, Article 35-A is opposed to the whole of India, because that article makes a distinction among the Indian citizens. This disputed article prevents people from other states from securing jobs in Jammu and Kashmir and buying property, which is a pure violation of the basic rights given in the Constitution of India.

For your information, let you know that every citizen of the country has been given the basic rights under Article 14, 19 and 21 of the Constitution. Contradictions of Article 35-A argue that this Article is contrary to the original rights given by the Indian Constitution. Opponents argue that under the guise of this article, separatism is promoted in Kashmir and anti-India activities are carried out at the behest of Pakistan.

Political parties such as BJP and Shiv Sena, including the Rashtriya Swayamsevak Sangh and its organizations, have long been demanding that disputed Article 35-A should be removed from Jammu and Kashmir State, and ‘one country-one law’ should be enforced across the country. In the BJP's ideology and manifesto, there has always been mention of removal of Article 35-A and Article 370. Now it is necessary to see whether the Modi government, having absolute majority, will dare to remove this controversial article from the Indian Constitution or not?