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emfizz.com August 17, 2017


Article 35A of Indian Constitution: Understanding the Debate

13 August 2017, 11:24 | Terri Saunders

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Article 35 A

Article 35-A is a constitutional provision that defines special privileges enjoyed by permanent residents of Jammu Kashmir in matters related to employment, acquisition of immovable property, settlements and scholarships while Article 370 accords a special autonomous status to the State.

Speaking on the same, Singh said, "The coalition government in Jammu and Kashmir takes the agenda of the alliance and takes decisions".

The NC said the BJP is using the people of Hindu-majority Jammu region of the state as a pawn in its national politics.

Article 35A was inserted in the constitution through a presidential decree in 1954.

Ashwani Chrungoo, president of Panun Kashmir, a front organisation of migrant Kashmiri Pandits, said there was a need to get rid of the "stifling statute" (Article 370) "coupled with Article 35A, which have provided a constitutional mechanism to promote fissiparous and separatist tendencies in J&K. The central government should tell the court that we are not going to touch the status of the articles, will deal the matter politically", he added.

Pakistan's Foreign Office Spokesperson Nafees Zakria in a statement on Thursday had accused India of trying to alter the demography of Jammu and Kashmir.

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The memorandum passed by the civil society states that the organization will establish contacts with civil society groups across India and apprise them about the inherent grave dangers and consequences of the proposed abrogation of Article 35A by New Delhi.

Mehbooba Mufti warned that any tinkering with Article 35 (A) would worsen the situation in the state when it was normalizing. "A message should go that there is no such thing", she said.

"If 35 (A) is repealed then the Article 370 will also be weakened", said Rana.

In July, the Jammu and Kashmir Chief Minister warned that any change in Article 35 (A) of the Constitution, would not be in favour of the people living in the Valley and would invite repercussions.

Professor Hari Om, a historian and social activist, said, "It is an atrocious article that creates a high wall between people of J&K and the rest of India". "The Delhi-based media is projecting that by supporting Article 35A Kashmiris are being against rights of women etc".

The Centre would explain to the Supreme Court the legal aspects of Article 35A. "The Prime Minister gave 100 per cent assurance to the agenda of alliance", she told reporters after her 15-minute meeting with Modi.



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