{"id":772,"date":"2019-08-27T07:21:47","date_gmt":"2019-08-27T07:21:47","guid":{"rendered":"https:\/\/tidesacademy.com\/?p=772"},"modified":"2019-08-27T07:21:47","modified_gmt":"2019-08-27T07:21:47","slug":"article-35a-would-it-change-the-future-of-india","status":"publish","type":"post","link":"https:\/\/tidesacademy.com\/2021\/article-35a-would-it-change-the-future-of-india\/","title":{"rendered":"Article 35A: would it change the future of India?"},"content":{"rendered":"

Introduction\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/strong><\/p>\n

\"MapIn 1947, when the British rule ended on Indian subcontinent, sovereignty of some 600 princely states was restored by the British. These states had three options; to remain an independent country, join dominion of India or join dominion of Pakistan. The joining with either of the two countries was to be through Instrument of Accession, which was to be defined by individual negotiations with each princely state.<\/p>\n

Raja Hari Singh the erstwhile ruler of Jammu & Kashmir at that time decided to remain independent and signed a standstill agreement with India and Pakistan. But soon after the partition Pakistan invaded Kashmir. Hari Singh sought help from India, which in turn sought the accession of Kashmir to India. Hari Singh signed the Instrument of Accession on October 26, 1947.<\/p>\n

Article 370<\/strong><\/p>\n

Article 370 was the basis of Jammu and Kashmir’s accession to the Indian union at a time when erstwhile princely states had the choice to join either India or Pakistan after their independence from the British rule in 1947. The article, which came into effect in 1949, exempts Jammu and Kashmir State from the Indian constitution. It allowed for a separate constitution of its own and a separate flag. It allowed the Jammu and Kashmir region jurisdiction to make its own laws in all matters except finance, defence, foreign affairs and communications.<\/p>\n

Article 35A<\/strong><\/p>\n

Article 35A, which stems through Article 370,\u00a0 was introduced through a presidential order in 1954 to continue the old provisions of the territory regulations under Article 370 of the Indian constitution. The article permits the local legislature in Indian-administered Kashmir to define permanent residents of the region.<\/p>\n

Article 35A forbade outsiders from permanently settling, buying land, holding local government jobs or winning education scholarships in the region. The article, referred to as the Permanent Residents Law, also barred female residents of Jammu and Kashmir from property rights in the event that they marry a person from outside the state. The provision also extended to such women’s children.<\/p>\n

While Article 35A has remained unchanged, some aspects of Article 370 have been diluted over the decades.<\/p>\n

Abrogation of Article 370 and Article 35A<\/strong><\/p>\n

\"MapOn 5 August 2019, the President of India issued a Presidential Order, whereby all the provisions of the Indian Constitution are to apply to the State without any special provisions. This would imply that the State’s separate Constitution stands abrogated, including the privileges allowed by the Article 35A.<\/p>\n

Also, along with the abrogation of two articles, the state of Jammu & Kashmir was bifurcated into two Union territories \u2013 Jammu and Kashmir consisting of region of Kashmir and Jammu and Ladakh consisting of Ladakh region. The Union Territory of Jammu & Kashmir will have a legislative assembly and an administrative head in form of a Lt. Governor, akin to the administrative structure of New Delhi.<\/p>\n

Why Article 35A was retrograde and deserved to be repealed?<\/strong><\/p>\n

Article\u00a0 35A\u00a0 violates\u00a0 the\u00a0 very\u00a0 concept\u00a0 of\u00a0 equality\u00a0 enshrined\u00a0 in\u00a0 the \u00a0Constitution of India. Its treatment of non-permanent residents of J&K is\u00a0 akin\u00a0 to\u00a0 treating\u00a0 its\u00a0 own\u00a0 people\u00a0 as\u00a0 second\u00a0 rate\u00a0 citizens.\u00a0 They\u00a0 cannot\u00a0 buy\u00a0 immovable\u00a0 property\u00a0 in\u00a0 J&K,\u00a0 are\u00a0 not\u00a0 eligible\u00a0 for\u00a0 employment\u00a0 by\u00a0 the state government, cannot contest or vote in local body or Assembly elections,\u00a0 cannot\u00a0 avail\u00a0 of\u00a0 scholarships\u00a0 and\u00a0 other\u00a0 grants\u00a0 offered\u00a0 by\u00a0 the state\u00a0\u00a0 government\u00a0\u00a0 to\u00a0\u00a0 its\u00a0\u00a0 permanent\u00a0\u00a0 residents\u00a0\u00a0\u00a0 and,\u00a0\u00a0\u00a0 above\u00a0\u00a0\u00a0 all,\u00a0\u00a0\u00a0 cannot\u00a0\u00a0\u00a0 seek\u00a0 redress\u00a0 in\u00a0 any\u00a0 court,\u00a0 local\u00a0 or\u00a0 national.\u00a0 Most\u00a0 importantly,\u00a0 it\u00a0 deters\u00a0 the\u00a0 corporate\u00a0 sector\u00a0 from\u00a0 investing\u00a0 in\u00a0 the state as sans the provisions to buy immovable property, such investments make\u00a0 little\u00a0 business\u00a0 sense.\u00a0 The\u00a0 state,\u00a0 thus, remains dependent on the Centre for\u00a0 financial\u00a0 assistance,\u00a0 its\u00a0 economy\u00a0 being dependent for the most part on government\u00a0 jobs\u00a0 and\u00a0 doles\u00a0 from\u00a0 the\u00a0 Centre to enable the state to meet its obligations.<\/p>\n

The provisions of Article 35A also violate the principles of gender equality since it discriminates against\u00a0 women\u00a0 residents\u00a0 of\u00a0 the\u00a0 state\u00a0 who marry a person from another state. The children from such unions are\u00a0 not\u00a0 entitled\u00a0 to\u00a0 the\u00a0 Permanent\u00a0 Resident\u00a0 Certificate\u00a0 (PRC)\u00a0 or\u00a0 the\u00a0 benefits consequent thereupon, such as the right to acquire immovable property and a government job. The same, however, does not apply to the offspring of a male who marries a woman from another state. It is also a travesty of justice that the Balmikis and Gorkhas who have been staying in the state for generations as also the West Pakistan refugees have\u00a0 been\u00a0 denied\u00a0 the\u00a0 permanent\u00a0 resident\u00a0 status\u00a0 with\u00a0 all\u00a0 its\u00a0 attendant\u00a0 benefits.<\/p>\n

Article 35A was, thus, the one defining Article\u00a0 which\u00a0 acted\u00a0 as\u00a0 a\u00a0 hindrance\u00a0 to\u00a0 the\u00a0\u00a0\u00a0 holistic\u00a0\u00a0\u00a0 development \u00a0\u00a0\u00a0of\u00a0\u00a0\u00a0 J&K,\u00a0\u00a0\u00a0 affecting\u00a0 every\u00a0 sector.\u00a0 It\u00a0 had\u00a0 created\u00a0 a\u00a0 constitutionally-approved apartheid, giving special political, administrative and legal powers to the ruling elite of J&K, and, at the same time, being discriminatory\u00a0 against\u00a0 women\u00a0 and\u00a0 the\u00a0 non-Kashmiri\u00a0 population\u00a0 in\u00a0 J&K\u00a0 and\u00a0 their\u00a0 supporters\u00a0 in\u00a0 the\u00a0 rest\u00a0 of\u00a0 India.\u00a0 Its\u00a0 repeal\u00a0 will\u00a0 go\u00a0 a\u00a0 long\u00a0 way\u00a0 righting\u00a0 a\u00a0 historical\u00a0 wrong\u00a0 and\u00a0 would\u00a0 be\u00a0 an\u00a0 important\u00a0 step\u00a0 in\u00a0 bringing\u00a0 peace to the region.<\/p>\n

After the abrogation of Article 35a, all citizens of India will have equal rights in the UT of Jammu and Kashmir like other states of the country. It will attract investment from other parts of country, giving boost to the economy and resulting in development and progress of the region which had been retarded for last seven decades. Politically, also, it reaffirms and strengthens India\u2019s right over the region as an integral part of India. It is a progressive step for future of India and the region of Jammu and Kashmir.<\/p>\n","protected":false},"excerpt":{"rendered":"

Introduction\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 In 1947, when the British rule ended on Indian subcontinent, sovereignty of some 600 princely states was restored by the British. These states had three options; to remain an independent country, join dominion of India or join dominion of Pakistan. The joining with either of the two countries was to be through Instrument of<\/p>\n","protected":false},"author":1,"featured_media":774,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[4,8],"tags":[61,62,63,64,65],"_links":{"self":[{"href":"https:\/\/tidesacademy.com\/2021\/wp-json\/wp\/v2\/posts\/772"}],"collection":[{"href":"https:\/\/tidesacademy.com\/2021\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/tidesacademy.com\/2021\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/tidesacademy.com\/2021\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/tidesacademy.com\/2021\/wp-json\/wp\/v2\/comments?post=772"}],"version-history":[{"count":0,"href":"https:\/\/tidesacademy.com\/2021\/wp-json\/wp\/v2\/posts\/772\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/tidesacademy.com\/2021\/wp-json\/"}],"wp:attachment":[{"href":"https:\/\/tidesacademy.com\/2021\/wp-json\/wp\/v2\/media?parent=772"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/tidesacademy.com\/2021\/wp-json\/wp\/v2\/categories?post=772"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/tidesacademy.com\/2021\/wp-json\/wp\/v2\/tags?post=772"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}