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ABOLITION OF Article 35A: IS it right or wrong??

Article 35 A special right given state Jammu and Kashmir. As the constitution of India has given some fundamental rights to its citizens, it states everyone is equal there then why special rights to the people of Jammu and Kashmir. There should not be any discrimination. The citizens of the other states are deprived from getting their rights in Jammu and Kashmir…

Reasons for abolition of this article

In order to remove this article,

  • It is being argued that it was not implemented through Parliament.
  • The second argument is that refugees from Pakistan came to India in large numbers during the partition of the country.
  • These include refugees in lakhs of people living in the state of Jammu and Kashmir.
  • Through the Article 35A, the Jammu and Kashmir Government denied all these Indian nationals from the permanent resident certificate of Jammu and Kashmir. Of these, 80 percent of the deprived people belong to the backward and the Dali Hindu community.
  • With this, the Jammu and Kashmir government, along with women and other Indian citizens settling in marriages, also discriminates with Article 35A of the Jammu and Kashmir government.
               
    The petition challenging the validity of both Article 35 A and Article 370 has been filed by an NGO. It argues that the four representatives of Kashmir were part of the Constituent Assembly in the formulation of constitution and the State of Jammu and Kashmir had never been given any special status in the Constitution. Article 370 was a ‘temporary provision’ to help bring normalcy in Jammu and Kashmir and strengthen democracy in that state. Constitution makers did not consider the purpose of Article 370 to bring permanent amendments such as Article 35A in the Constitution.

    It has been said in the petition that Article 35A is against the “spirit of unity of India” because it makes “a class within the class of Indian citizens”. Restricting the citizens of other states to purchase employment or property in Jammu and Kashmir is a violation of fundamental rights under sections 14, 19 and 21 of the Constitution.

             What do you think? Article 370 should be abolished??

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