x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   Has Omar Abdullah forgotten the past? | People, politicians violating COVID-19 guidelines | Indian Air Force geared up for combat role in China border area | Admin’s tall claims of advance preparedness to handle power woes stand exposed | Marwah ration scandal: Properties of 12 Night Chowkidars likely to be seized | Completed 10 years ago Roohi Morh PHC yet to get functional | Only 500 pilgrims to be allowed per day for Amarnath Yatra, puja to be telecast live | JK witnesses yet another spike in COVID-19 deaths; eight more people die, 227 fresh cases | ACB indicts four Govt officials in graft case | AP demands revised policy for geology, mining activities in J&K | J&K Bank observes Van Mahotsav Week in Jammu | Agriculture Department geared up to achieve 100% coverage of KCC | GCW Gandhi Nagar girl cadets plant trees at home, vicinity | BJP looting common masses amid Corona pandemic: Harsh | Rana expresses concern over LoC shelling, seeks expeditious completion of community bunkers | GDC Mandi organizes poster making competition | Ayush medical camp organized | Indian Folk Dance competition organized for first time in UK | JKNPP Councillors call on JMC Commissioner | Congress stage protest against fuel price hike | Congress holds protest at Bishnah | JYB makes elaborate arrangements for Shravan Mass celebrations | Missing girl recovered within 24 hours | Two held with poppy straw | Abducted person recovered, two arrested | Murder mystery solved, two arrested | It is right time to get vacated Indian territory: Randhir | Tribute to the Galaxy of Galwan | Munish Gupta asks government to step in & solve problems of residents | People take to streets as water crisis hits Kashmir | Div Com reviews KCC scheme coverage, progress on SWMPs in Jammu districts | Two militants killed; JCO, 2 soldiers injured in Kulgam encounter | Taxi drivers fleece passengers at will, charge arbitrary fares | Automobile Dealers asked to follow orders regarding affixation of HSRP plates | Pakistan violates ceasefire along LoC in Poonch day after India lodges protest | 69 fresh positive cases, 18 recovered; 30 deaths in north Kashmir including 22 in Baramulla | DC Jammu reviews issuance of Domicile Certificate, progress of Jamabandi writing | Centre approves Rs 574.16 cr annual plan for NH works in J&K | Excise sleuths conduct raids in Bishnah-R S Pura; one booked | DDC Kishtwar reviews progress on implementation of POSHAN ABHIYAN | Day 41: Jammu, Srinagar Airports receive 21 domestic flights with 2,405 passengers | PO IWMP Udhampur inspects development works | DDC finalizes arrangements for “Kissan Pakhwada” awareness campaign | DC Rajouri distributes smart phones among girl students under BBBP | District Tuberculosis Officer visits Central Jail Kotbhalwal | Border residents pained as sub-standard material used in construction of bunkers | Chief Justice visits district court complex Kishtwar | VC SKUAST-J inaugurates animal health camp | 02 bovine smugglers arrested, 08 animals rescued | NMC urges govt to ease up verification process of daily wagers | MJR-47 castigates govt for inaction on issues of DPs | SKLPSAAN organizes free Ayurvedic medical camp | Bicycle for Change Club organizes meditation-cum-Yoga session | Childline Jammu distributes ration among needy families | Stop discrimination with JK business fraternity: Tajinder says to FM | Manav Adhikar Party members join JKAP | J&K Govt failed to come to expectations of citizens: UDA | BJP govt failed to solve problems of poor people: Jugal Kishore Sharma | Sunil nominated Chairman AAI’s Advisory Committee | Education World honours Trustee Jodhamal School | DDC Udhampur inspects progress on dev projects in Dudu, Latti area | DB directs Div Com Jammu to ensure Reasi brick kilns run in compliance | ‘CAT has no jurisdiction to hear service disputes in corporation/company’ | IGP assures impartial probe into civilian death in Sopore, ready to share CCTV footage | COVID-19: Govt evacuates 1,86,379 stranded JK residents; 1,26,718 via Lakhanpur, 59,661 through special trains | Power shut down | JKSSB releases 31 recommendations of with held cases in 172nd Board meeting | LMD imposes ` 15,000 fine on petrol pump for lesser delivery | Attempt to murder case solved, 4 arrested | Advisor Baseer Khan finalizes yatra arrangements | Militant hideout busted during Dodassan Bala op; arms, ammunition recovered | Work on numerous R&B projects gains momentum across Doda district | Back Issues  
 
news details
Resonance of Article 35A
8/5/2018 11:03:29 PM
Jamwal Mahadeep Singh

The substantial rallying
cry of the different minds on Articles 370 and 35A of the Indian Constitution, how it resonates in rest of India, is a distinctive investigation? But it is a physical world of next to nothing for the body politic of Jammu and Kashmir. It is article 370 of the Indian constitution that grants special autonomous status to the state of Jammu and Kashmir. The article 370 has consistently stuck around as the blessed baby of BJP to muster votes inseminating its abrogation. This party at all times lamebrain the commonality about this article 370, without awakening the people about stated position in the constitution. The article is drafted in Part XXI of the Constitution: Temporary, Transitional and Special Provisions. We come across the attempt of BJP after winning 2014 elections to abrogate article. Some remembrance we carry about it are argument of MoS in PMO in May 2014, that the debate on article 370 would help convince the "unconvinced", sharply reacted by Umar Abdullah ex-CM in a tweet, 'long after Modi Govt is a distant memory either J&K won't be part of India or Art 370 will still exist' and by Ex - CM Mehbooba that fiddling with Article 370 could lead to anarchy in the state. These projectiles of the powerhouse from Kashmir silenced the voice of BJP. In October 2015, the High Court of Jammu and Kashmir ruled that the Article 370 cannot be "abrogated, repealed or even amended." It explained that the clause (3) of the Article conferred power to the State's Constituent Assembly to recommend to the President on the matter of the repeal of the Article. Since the Constituent Assembly did not make such a recommendation before its dissolution in 1957, the Article 370 has taken on the features of a "permanent provision" despite being titled a temporary provision in the Constitution. For the reasons that verdict handed down by the High Court, the vocalization of each and every concerning the article 370 is meaningless. Over the past year BJP and its allied nationalistic forces have gone on silence mode in debt to the voices of Kashmir leaders on article 370 and here and now has crop up article 35A of the Indian Constitution.
The hot off the press wrangling much space in the media and politics is the Article 35A of the Indian Constitution, added through 'The Constitution (Application to Jammu and Kashmir) Order, 1954'- issued by the President of India, in exercise of the powers conferred by clause (1) of Article 370 of the Constitution, with the concurrence of the Government of the State of Jammu and Kashmir that empowers the State's Legislature to define "permanent residents" of the state and provide special rights and privileges to those permanent residents. The BJP, RSS and their affiliate groups are at clashing to Article 35A as it bars non-J&K subjects to settle and buy property in the state. A little known NGO "We the Citizens" (supposed to be backed by BJP-RSS) filing a petition in the Apex Court In 2014, seeking the striking down of Article 35A and some more players have also jumped in the issue. The case is pending in the Supreme Court. Here BJP exposed for its double standard as its opposing surfaced as New Delhi didn't file an affidavit on the matter in the court and instead sought a "larger debate" on the "very sensitive" issue, whereas on its part then PDP-led coalition government has taken its stand in its counter-affidavit filed before the apex court that "We have taken the stand that the State has powers under Article 370 (1) (d) to apply Constitution of India to Jammu and Kashmir with exceptions and modifications and in keeping with Article 35A." It denotes that state BJP unit was on similar page and lines as PDP to shield the article 35A, whereas the government of India's moves to not file an affidavit "implies that they are accepting the petitioner's versions" i.e. abrogation of the Article.
What important here is, it is not for the first time that Article 35A has been challenged in the Supreme Court. Similar petitions have been dismissed by the court thrice in 1956, 1961 and 1970, while upholding the powers of the President to pass constitutional orders. In the present hearing on Article 35A, the observations of Honorable High Court of Jammu & Kashmir on Article 35A, while delivering a judgment on 16 July 2015, also strengthen the affidavit filed in Apex Court by the previous State Government (Coalition of PDP & BJP), that this article, on its own, does not give anything new to the State of Jammu and Kashmir. Article 14 of the Constitution of India, as has been made applicable to the State of Jammu and Kashmir, thus, gave equal protection of laws to the State subjects/citizens as a class apart. Similarly, article 19(1)(f) of the Constitution of India, which has been made applicable to the State of Jammu and Kashmir and till date continues to be in force in the State, recognizes the right to own, hold and dispose of property, which right otherwise is inherent in the State subjects/citizens of the State of Jammu and Kashmir. The unconvinced statements from variant squads on Article 35A make then CM to vocalize that, if special rights of people of J&K are tinkered with, and then there would be no one in the state to hold the tricolor. It was a diplomatic statement that twisted towards pointing that none in state will be Indian. The open challenge obviously was directed towards BJP and BJP just dare to assert that Article 35A of the Constitution, which grants special status to the state, is "not a sacred cow that cannot be touched" (BJP looks everything through the politics of cow to create communal divide).
Now as the Apex court has to take up the hearing from 6 August 2018 (much expected to be adjourned as Governor Dispensation has asked for it), the various political parties and organizations are again in sleeves to surcharge the atmosphere towards polarization. After losing power both BJP and PDP are back to their supportive and opposing stands on Article 35A. None the less the stooges of Kashmir based political parties in Jammu are much in high pitch including NC and PDP opposing the abrogation of the Article 35A. The BJP presently discarded by the jammuites, for its resurgence is speaking in louder voice to do away with this article and after maintaining criminal silence and daring not since 2015 (while in power) the words spoken by MoS in PMO in 2015, asking for debate on Article 35A, are again coming forth from the spokes persons of BJP. Fissures have also developed on the issue in BJP itself. The Bar Associations of two regions are also on different opinions. Some self style champions of self created organizations in Jammu, just to attract the eyes of administration, are also roaring on the issue. The valley is on boiling point against abrogation and separatists are spear heading Bandh calls in support of the Article 35A. We can conclude these developments on the aspect that whole valley is rallying in support of Article 35A including elected representatives of Kashmir based political parties, separatists, common man, Kashmir based political parties, ex-CMs, law practicing fraternity, business community one and all, whereas Jammuites are walking on two lines, one supporting the retention of Article (elected represented of Kashmir based political parties) and other (elected representative of BJP only) opposing it. Some having no relevancy in public domain are speaking from different plat forms and in different voices about the article just for getting space in media.
Concluding, the rights and privileges of the permanent residents of the State more especially in regard to acquisition of immovable property, appointments to services enshrined by Article 35A is a matter going to affect the people of J&K. There is rising trends in un-employment, change of demography and invasion on Dogra culture, discrimination with Jammuities, rising trends in militancy, tug-of-war between India-Pakistan and India-China, bad situation of electricity, drinking water, road connectivity and every field of civic are in doll drums, speaks of total blackout of the BJP in center government and in the state. Keeping some pots boiling is nothing but to by-pass the attention of commonality by creating divides this way or that way and in state it is a contracted game between politicians and we must be alert to the situation, till the verdict is delivered by the Honorable Supreme Court. Here we must understand that all these concerns and commentaries on Article 35A are nothing more than material for being thrown into the dust bin as ultimately the verdict of the Apex Court has to prevail over the Article 35A.
  Share This News with Your Friends on Social Network  
  Comment on this Story  
 
 
 
Early Times Android App
STOCK UPDATE
  
BSE Sensex
NSE Nifty
 
CRICKET UPDATE
 
 
 
 
 
 
 
 
   
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
 
 
J&K RELATED WEBSITES
J&K Govt. Official website
Jammu Kashmir Tourism
JKTDC
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
UTILITY
Train Enquiry
IRCTC
Matavaishnodevi
BSNL
Jammu Kashmir Bank
State Bank of India
PUBLIC INTEREST
Passport Department
Income Tax Department
JK CAMPA
JK GAD
IT Education
Web Site Design Services
EDUCATION
Jammu University
Jammu University Results
JKBOSE
Kashmir University
IGNOU Jammu Center
SMVDU