SHOULD THE ARTICLE 35A BE ABOLISHED FROM THE STATE OF J&K OR NOT? - watsupptoday.com
SHOULD THE ARTICLE 35A BE ABOLISHED FROM THE STATE OF J&K OR NOT?
Posted 29 Aug 2017 05:10 PM

Article 35A entitles the residents of J&K the empowerment of permanent residency in the state, state scholarship and some additional special rights and privileges as well. In 1947, people of the state were stated subject holders rather than British colonial subjects. No outsider is allowed to acquire even a small piece of land in J&K.
Some of the rules that were set by Jammu and Kashmir Constituent Assembly in 1956 are:
• Non-resident of J&K cannot hold and own a property in the state.
• Outsiders cannot acquire jobs in the state.
• Outsiders cannot gain knowledge in the professional government challenges.
The political scenario of Kashmir has again heated up due to the controversial statements were given on the special status of the state with reference to the Article 370 and Article 35A by Mehbooba Mufti Chief Minister, J&K during the ongoing event of Founders Day celebrations in Srinagar. Omar Abdullah further hyped the issue by passing such statement “How can you debate the special status of Jammu and Kashmir without discussing accession? You can’t. They are two sides of the same coin. J-K acceded to India on the special status that was granted to it”, same is the case with the media personnel who have published plenty of true and some foul information as well without any proper knowledge.
As per Article 370, the rulers of the state signed the Instrument of Accession, and they surrendered judicial, executive and legislative control of three subjects Communication, external affairs, defense, and ancillaries. The State has the right to decide upon implementation, policies, and administration.
Few years back Charu Wali Khanna, a supreme court lawyer and a resident of Kashmir, who got married to a person who didn’t possess a State Subject has challenged the Article 35A in the Supreme Court, after losing her succession rights as per the article which is in violation with the Article 15 of the Indian Constitution. But the Attorney General is ignoring the Affidavit in the Supreme Court but Supreme Court has indicated to put the case in front of a 5 judge constitutional bench and finish the hearing within six weeks which was likely to start from August 29, 2017. But on 26, August 2017, Supreme court decided to hear the petitions after Diwali, relating to special privileges of permanent residents of Jammu and Kashmir.
All the political parties are adamant and do not favor in challenging the Article. NC leader Former CM Omar Abdullah, even said that in order to debate about the Article, people have to debate on the accession itself. Current CM Mehbooba Mufti said that in such a situation there will be no one to shoulder the Indian Flag in the valley.The coming months will show many unpleasant incidents in the valley if the decision is not as per the wishes of the residents of J&K. Let’s wait and hope for the best for the State.

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