What are Article 35A and Article 370 and what rights does it give to Jammu and Kashmir?
National Conference President Farooq Abdullah, quoting the motion accepted in the meeting, said that the parties had sent delegations to meet President Ram Nath Kovind, Prime Minister Narendra Modi and leaders of political parties and to repeal Articles 370 and 35A of the Constitution It has been decided to make them aware of the results of any attempt. The regional parties of Jammu and Kashmir ruled It took a unanimous resolution on Sunday to oppose any move related to the repeal of constitutional provisions guaranteeing special status to the state or to divide the state into three parts. National Conference President Farooq Abdullah, quoting the motion accepted in the meeting, said that the parties have sent delegations to meet President Ram Nath Kovind, Prime Minister Narendra Modi and leaders of political parties and to repeal Articles 370 and 35A of the Constitution Have decided to make them aware of the results of any attempt. The meeting took place at a time when there was tension between the establishment of security forces at important installations and sensitive places in the Kashmir Valley amid fears of the terrorist attack and escalating tension along the Line of Control. Let us tell you what is Article 35-A?
Modi government calls cabinet meeting amidst stir in Kashmir, a big decision can be taken
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Important things related to Article 35-A:
Article 35-A is the Article of the Constitution which provides for the Jammu and Kashmir Legislative Assembly to be able to define the permanent residents in the state.
- On May 14, 1954, President Dr Rajendra Prasad passed an order. A new Article 35A was added to the Constitution through this order. This right has been given under Article 370.
In the year 1956, the constitution of Jammu and Kashmir was made in which permanent citizenship was defined.
According to the constitution of Jammu and Kashmir, a permanent citizen is a person who has been a citizen of the state on 14 May 1954 or has been living in the state for 10 years before that and has acquired property there.
Schools and colleges will remain closed today in Jammu, Section 144 will be applicable from 6 am
What is Article 35A?
- Special status to the state of Jammu and Kashmir in the Constitution
- It was added to the constitution by order of the President of 1954
- Identification of permanent residents of the state under this
- Outsiders cannot buy property in Jammu and Kashmir
- Outsiders cannot do state government jobs
Omar Abdullah under house arrest, wrote this on Twitter, expressing apprehension
The argument against article 35A
- Some people settled here have no right
- Hindu family settled in Jammu in 1947 still refugees
- These refugees cannot get government jobs
- Not enrolled in government educational institute
- Bodies, no voting rights in panchayat elections
Article 35A added by order of the President, not by Parliament
What are the main provisions in article 35A? (Provisions under Article 35A)
1. This article prevents a non-Kashmiri person from buying land in Kashmir.
2. A resident of any other state of India cannot become a permanent resident of Jammu & Kashmir and hence cannot vote there.
3. If a girl from Jammu & Kashmir marries a boy outside, then all her rights are lost. At the same time, the rights of his children also end.
4. This article discriminates against the citizens of India because the implementation of this article deprived the people of India of the permanent resident certificate of Jammu and Kashmir while the intruders from Pakistan were given citizenship. Recently Rohingya Muslims from Myanmar in Kashmir have also been allowed to settle in Kashmir. Why is there a demand for its removal at present?
1. The first argument for removing it is that it was not implemented through Parliament.
2. At the time of Partition, a large number of refugees from Pakistan came to India. Among them, a large number of refugees are also living in the state of Jammu and Kashmir and they have been given citizenship there.
3. The Government of Jammu and Kashmir has denied all these Indian citizens the permanent resident certificate of Jammu and Kashmir through Article 35A. 80 per cent of these deprived people is from the backward and Dalit Hindu community.
4. Jammu and Kashmir government also discriminates against women and other Indian citizens who get married in Jammu and Kashmir under the guise of Article 35A.
What is the Current Status?
People had complained in the petition filed in the Supreme Court that due to Article 35A, their fundamental rights conferred by the Constitution have been taken away in the state of Jammu and Kashmir, so the Central Government should immediately repeal this clause applicable by order of the President.
Based on the above arguments, it can be said that Jammu & Kashmir has got many special rights due to Article 35A and Article 370, which makes it seem that there is another India inside India which has its own constitution, Is citizenship and has its own national flag. Such a situation is a big threat to the unity and integrity of India, so the Government of India should resolve this issue without any delay.
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