What is Article 35A? Here's all you need to know about it
What is Article 35A? Here's all you need to know about it
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A hearing on the National Conference's petition for Article 35A, which gives special status to Jammu and Kashmir, will be heard today. The National Conference has demanded that it should also be considered. In the petition, it has also been said that the special status of 35 A Jammu and Kashmir should not be changed. The intelligence department has made it clear that if the Supreme Court gives an opposite verdict of Article 35 A of the Constitution related to Jammu and Kashmir on Monday, then there may be 'revolt' in the state police itself.

Questioning the constitutionality of this article, there is a challenge in the Supreme Court. At the same time, separatists are locked in Jammu and Kashmir. The protesters have vowed to save the people of Jammu and Kashmir beyond the constitutional provisions which prevent them from acquiring any immovable property in the state. Professional organizations put an end to the protest march in the Lal Chowk at Ghat Ghar on Sunday in support of Article 35-A. 

What is the Article 35A and why it is creating so many issues?

1. From Article 35A, Jammu Kashmir has got the right to consider who is a permanent resident and who is not.

2. The Jammu and Kashmir government considers those people as a permanent resident who had settled in Kashmir before the 14th May 1954.

3. Such permanent residents have special rights in buying land, getting employment and government schemes.

4. A resident of any other state of the country can not go to Jammu and Kashmir as a permanent resident.

5. Residents of other states can buy land in Kashmir or the state government can give them jobs.

6. If a woman from Jammu and Kashmir marries a person from any other state of India then her rights are taken away. For Example, Omar Abdullah has been married to a woman outside the state, but his children have got all the rights of the state. Omar Abdullah's sister Sarah Abdullah has been denied the right to property after marrying a person outside the state.

What is the history of Article 35A?

1. Article 35A was added to the Constitution in the year 1954 by an order of the President.

2. These orders were issued on the advice of the Cabinet of then Prime Minister Jawaharlal Nehru.

3. In 1952 Nehru and Sheikh Abdullah had an agreement in Delhi regarding this.

4. It was a matter of introduction of Indian citizenship between the residents of the state of Jammu and Kashmir.

5. But Article 35A was brought specifically to show special status of Kashmir.

6. The argument for the opposition is that this is a presidential order, which should end. Because there was no discussion and debate in Parliament on this before.

7. 35A was added to the Constitution without informing the Parliament.

 
Article 35A was added under Article 370 of the Constitution

1. Due to Article 370, citizens of Jammu and Kashmir have dual citizenship.

2. Due to Article 370, there is a separate flag and different constitution in Jammu Kashmir.

3. Because of this, the term of assembly in Kashmir is 6 years, while in other states it is 5 years.

4. The right to make laws regarding Jammu and Kashmir is very limited to the Indian Parliament.

5. Laws passed in Parliament do not apply in Jammu Kashmir like the right to education, nor the right to information.

6.There is neither reservation nor minimum wage policies in Jammu an Kashmir

Also Read:

SC to conduct hearing regarding article 35-A on Monday

Section 377: SC reserves the order to decriminalize the homosexuality

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