- K. K. was the Chief of the BSF Intelligence Wing According to Srinivasan, separatist leaders show Kashmir different from India under the guise of 35-A
- According to Varanj Gupta, a constitutional information expert, the President can remove Article 35-A on the recommendation of the Governor and the Center.
- Article 35-A on the order of the then President Rajendra Prasad was added in 1954 under Article 370 of the Constitution.
- Article 35-A gives privilege to the people of Kashmir, people of other states can not afford here, neither can buy property
- This article is considered to be a violation of the seven rights passed under the Constitution.
new Delhi. The central government has decided to deploy 10 thousand additional troops in Kashmir. It is being speculated that the government may be preparing to remove Article 35-A, which is giving privilege to the people of Kashmir. Political parties like Kashmir, PDP and National Conference are warning the government against any such decision. In such a way, the Bhaskar App has to know from Experts that what is the benefit of 35-A, and what benefits can the country or state have on its exclusion?
Retired IG, led by Intelligence Wing of BSF and CRPF in Kashmir. Srinivasan points out that Pakistan and separatists take the most benefit of Article 35-A If it is removed, then the situation of the state will be better. Employment opportunities will be created there. At the same time, the information expert of the Constitutional Affairs and Supreme Court Advocate Virag Gupta says that the President can remove this on the basis of the report of the Governor and the recommendation of the central government.
What is Article 35-A?
- In 1952, the then Delhi Prime Minister Jawaharlal Nehru and the then Prime Minister of Jammu and Kashmir, Sheikh Abdullah had a Delhi Agreement. On the basis of this agreement, Article 35-A was added to Article 370 of the Constitution after the order of the President on 14 May 1954. Article 370 gives Jammu and Kashmir the status of autonomous state. At the same time, Article 35-A defines the definition of people living in Jammu and Kashmir and gives them special rights.
- Accordingly, the same person will be considered as the native of the state, who is residing in the state before May 14, 1954, or who has been residing in the state from 10 years prior to May 14, 1954, and who has purchased real estate in the state according to the law. That is, the person whose ancestors had been living in Jammu and Kashmir from May 14, 1944 will be called a permanent citizen of the state. Only the Jammu and Kashmir Legislative Assembly can change the definition of permanent residents of the state, in this article, with a two-third majority.
Was it not added by Parliament? No. This article was added to the Constitution after the order of the then President Rajendra Prasad on the recommendation of the Union Cabinet. However, according to Article 368 of the Constitution, any such amendment can only be done with the approval of Parliament.
How does this article prevent people from other states? Why is it called gender discrimination?
- Under Article 35-A, a person of another state can not afford to buy or buy property in Jammu and Kashmir forever.
- The person from other states can not get admission in Jammu and Kashmir Professional College, nor can the help from the State Government be given.
- If the men of Jammu and Kashmir marry a woman from another state, then that woman gets all rights to the permanent residents of the state, but when a woman of the state marries another man from another state, then that woman is permanent All rights reserved as a citizen come to an end.
Who has benefited from Article 35-A and Article 370 being effective? In Kashmir, BSF and CRPF’s Intelligence Wing have led the Srinivasan points out that due to these two paragraphs Pakistan and separatists are benefiting. Pakistan tries to enter Jammu and Kashmir through this, whereas separatist leaders, under the guise of these articles, show Kashmir separately from India and incite the public. Separatists do not want to remove these two articles from there, because if they were taken away, no one would hear them. The truth is that the children of separatists are studying abroad, but they themselves provoke the youth. Hurriyat leaders promote separatism in the valley for Pakistan. We can throw them out, but such people escape from Article 35-A.
Who will benefit from removing Article 35-A? Srinivasan says that due to Article 35-A, there is no investment in the valley. This does not create jobs. Therefore, young terrorists are involved in activities, because there is a need for some way to make money. Deleting this article will reduce Pakistan’s interference. The youth will get employment. Terrorist activities will be less. The industrialists will be able to invest in buying land in the state.
What are the problems with the government now because of Article 35-A? Srinivasan points out that due to Article 35 A and Article 370, the Indian Penal Code does not apply in the state. It also limits the Supreme Court and Parliament. Because of this, the central government can only interfere in foreign, defense and communication matters. Apart from these three cases, laws related to any other case do not apply in Jammu and Kashmir. There are dual citizenship which is not applicable in whole of India. At the same time, the marriage law is so ridiculous that he refuses to give Kashmiri citizenship to the Indians, but welcomes the Pakistanis. This nation is against the interest.
What are the ways to remove Article 35-A? 1) President’s decision on the recommendation of the center
- Supreme Court lawyer and constitutional information expert Virag Gupta points out that the President or the Central Government can remove Article 35-A on the recommendation of the state assembly. There is a governor’s rule in Jammu and Kashmir right now. Therefore, the recommendation can be sent to the Center on the basis of the report of the governor. The president can remove it on the recommendation of the center.
- Srinivasan also says that Article 35-A is a temporary provision. It was for some time, but it was pulled too long This is the biggest mistake. It can be removed at any time by the President’s order.
2) Path of Parliament
- Srinivasan says that the government will want that all the people together decide, it can be discussed in Parliament. Because if people do not go through this process then people will go to the Supreme Court. Then the Supreme Court will question. That’s why the government can remove it from Parliament’s approval.
- However, Virag Gupta does not keep up with this. They say that Article 35-A is not only in the Constitution, why it is necessary to remove it through constitution amendment? There will be a challenge to stand a constitutional crisis in removing this article through constitutional amendment. Many petitions are filed in the Supreme Court against Article 35-A. If it is to be removed through the amendment of the Constitution, then the petitions filed in the Supreme Court will be of no use. The government should relinquish the dependence on the Supreme Court or the Parliament and settle it at the administrative level only.
Are 99% of the population’s rights being violated? According to the 2011 census, Jammu and Kashmir’s population is 1.25 million. It is one percent of India’s population. Those opposing Article 35-A say that 99% of the population rights are being violated to give privilege to only 1% of the population. This is because 1% of people living in Jammu and Kashmir can go anywhere in India. You can buy property here. Can become citizens there You can also vote. But 99% of the people living in the remaining states of the country can not go to Jammu and Kashmir permanently or buy property there or vote from the Panchayat assembly elections. They get the right to vote only in Lok Sabha elections.