Article 35A: All you want to know about Kashmir Problem

The petition was filed in the Supreme Court in the year 2014 against  Article 35-A. Since then, this matter has remained the centre of debate in the country and protest in Kashmir. It is believed that the Central Government is going to abolish Article 35-A, that is why a heavy army has been deployed in Kashmir.

Politics has already started on this, Mehbooba Mufti said that tampering with 35A is equivalent to handing gunpowder while Omar Abdullah advised not to tamper with 35A.

Mehbooba Mufti said that “Fiddling with Article 35A means touching explosives, that will not burn hands only but the entire body as well.”

Second and the government has said that a large number of weapons have been captured in Kashmir, so the Mansarovar passengers and tourists have been asked to return as soon as possible. The Central govt has said that the military force has been increased due to security reasons.

Main Highlights of Kashmir Controversy :

  • Parliamentary modality was not followed to add Article 35A to the Constitution.
  • The amendment to the Constitution is only to the Parliament while 35A has been added through the order of the President.
  • This article was added in 1954 after the Delhi Accord (1952) between Sheikh Abdullah and Nehru.
Amarnath Yatra Picture
Amarnath Yatra Picture in Kashmir.

What is Article 35A and How does it affect the people of J&K?

Article 35A empowers the Jammu and Kashmir Legislative Assembly to decide the definition of ‘permanent resident’ of the state. Under this, the citizens of Jammu and Kashmir have been given certain rights. In 1954 it was added to the Constitution through the order of the President. 

There are certain points of article 35A :

  • 35-A is the article of the Constitution, under which special rights have been given to permanent residents of Kashmir, which are related to jobs, property purchase-inheritance, scholarships, government help, and welfare schemes.
  • A resident of another state cannot settle in Jammu and Kashmir as a permanent resident.
  • Residents of another state can neither buy land in Kashmir nor can the state government gives them a job.
  • If a woman from Jammu and Kashmir marries a person from another state in India, her rights are stripped.

Why people of J&K don’t want to lose 35A?

They feared of interruptions by citizens of other states. They think that with the end of this article, the people of the rest of India will also get the right to buy land in Jammu and Kashmir. They will also be entitled to jobs and other government help.

Mehnooba Mufti on Article 35A
Mehboob Mufti on Article 35A

What is trifurcation?

Kashmir is divided into three parts one is occupied by India, another little part is occupied by Pakistan called POK and the rest is occupied by China called COK. The Indian government now preparing to get the whole Kashmir.

On the basis of which arguments, the challenge is given in the court?

In 2014 an NGO filed a petition in the Supreme Court challenging the validity of Article 35A and Article 370.

It was argued in this petition that the Constituent Assembly that was formed to make the country’s constitution after independence included 4 representatives of Jammu and Kashmir.

Amit Shah in Parliament
Amit Shah in Parliament

Jammu and Kashmir state has never been given special status. It was a temporary provision which was added to stabilise the situation in the state at that time.

This article prevents the people of other states from getting jobs in Jammu and Kashmir, buying property, which is a violation of the basic rights given to the Constitution.

Every citizen of the country has been given fundamental rights in Article 14, 19 and 21 of the Constitution. Ending isolationism in Kashmir has also been included in this petition.

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