Article 35A (Article 35A) is quite in discussion nowadays. In the Supreme Court, the decision on this article will come soon. What is Article 35A on? Have you seen this article in the Constitution? If yes then where? If not, then why not? Let’s know what Article 35A is and what it is related to.
What is the matter?
An NGO, “We the Citizen”, has petitioned in the Supreme Court. It has been prayed to end 35A and the basis has been given that it was a constitutional amendment which was to be considered by the Parliament under Aritcle 368 and it was never presented for approval in the Constitution.
There are 395 paragraphs in the Constitution, in which there is no 35A in the Constitution. This is found in one place in the Council of the Constitution (appendix).
It is being argued for the removal of this article that it was not implemented through the parliament.
Government of India has requested the Supreme Court to take a decision in this complex subject. On the other hand, the Jammu and Kashmir government has made a request that Art 35A should not be repealed as this law has been going on for 60 years.
Two Kashmiri women have also challenged Article 35A to say that it is biased. If they marry a person outside the state, then their rights and rights of their children also end.
Once more the matter was raised
In March, 1961, the Supreme Court ruled in the matter of President of Puranlal Lakhanpal v. India that the President has the power to modify any existing provision of the constitution under Article 370. But the Supreme Court did not make it clear whether the President could create a new article / article under Article 370.
Article 35A Explained
Under Article 370 (1) (D), the President has the power to benefit the people of Jammu and Kashmir that he can make some exceptions or improvements in the Constitution. On 14 May 1954, by issuing an order by the then President Dr. Rajendra Prasad (The Constitution Order, 1954), 35A was added to the Constitution. This article comes under Article 370-clause (1) of the Constitution. In this article, the citizenship of Jammu and Kashmir has been declared a case of state. Taking advantage of this, the order of 35A passed, in which the State of Jammu and Kashmir got the exemption that it can decide who is the permanent resident of his state.
Who is the citizen of Jammu and Kashmir?
Jammu Kashmir has its own constitution which was created in 1956. It is mentioned in the constitution that the citizen of Jammu and Kashmir is the same –
i) Has been a citizen of Jammu and Kashmir on May 14, 1954 or
ii) Having been in that property for 10 years before that, he is living in J & K.
Benefits of being a citizen:
- The government can give special privileges in the job.
- Can give the right to buy property in the state.
- Scholarship and other welfare benefits.
Loss of not being a citizen,
Those who are not citizens are called refugees, they –
- Can not buy your property in the state
- Can not vote in the Legislative Assembly.
- Can not stand for election.
- Can not get government jobs
Current scenario:
According to a reliable figure, about 5764 families from Pakistan were living in Jammu during the Partition of India. In Jammu and Kashmir even today, the Valmiki and the Gorkha community have been living in huge numbers for many years, but neither have the right to vote in the assembly elections nor have the right to buy land or government jobs can be found at any time. Because they are still seen as refugees and are denied to be considered permanent residents.
