Published: Sun, August 13, 2017
World | By Paul Elliott

Supreme Court will take decision on Article 35 (A): Nirmal Singh

Supreme Court will take decision on Article 35 (A): Nirmal Singh

Since the BJP has miserably failed in seeking constitutional amendment, Wani said that the ruling party was now using Indian judiciary as a tool to scrap article 35 A of the Indian constitution, which grants protection to state subject laws that had already been defined under the Maharaja's rule and notified in 1927 and 1932, Wani underlined. There is an established procedure mentioned in the Constitution by which an amendment can be carried out. They told that Kashmir is a Muslim majority state and they have planned before the strike against the Article 35A. Therefore, the Presidential Order of 1954 is also a violation of Article 368 of the Constitution. "Constitution of India and Constitution of Jammu and Kashmir govern our living and existence but we have been vested with certain rights and we will protect those rights".

The article says that: "Saving of laws with respect to permanent residents and their rights". It allows J&K state to confer special previleges and rights on permanent residents but deny the same to others.

It was after the constituent assembly of Kashmir ratified the state's accession to the Union of India in 1954 that the issue of citizenship was discussed. She said that any tinkering with Article 35 (A) will renew street protests and agitation in J&K.

"We have to wait to see what stand the government of India and state governments take before the Supreme Court. He said it being done under a deliberate plan and is part of the much flaunted "final solution" to the Kashmir dispute by the Indian state led by the RSS".

The following arguments are put forward against the Article 35A. The apex court had last month asked the Centre to file a reply within three weeks on the writ petition filed. Even from a political point, the existence of such special legal provisions for Jammu and Kashmir is indirectly an acknowledgment in front of the worldwide community that the state is a disputed territory and therefore, it has a special status within the country.

In his book "The Constitution of Jammu and Kashmir", Justice A S Anand, former Chief Justice of Supreme Court, writes there were historical and political reasons which necessitate such constitutional safeguards for the state.

A fresh debate over the continuation of the article has been generated after a Delhi-based NGO recently challenged its validity in the Supreme Court.

Like this: