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news details
JK United Peace Movement organises seminar on Article 35-A, 370
8/19/2018 10:45:46 PM
Early Times Report
Jammu, Aug 19: One day seminar on Article 35-A and Article 370 of the constitution of India organized by the different social and political organizations under the JK United Peace Movement as this United Movement strives for the peaceful solution of J&K problem on trilateral basis by involving India, Pakistan and the people of J&K.
The United Peace Movement strongly believes that the protection given under Article 35-A Constitution of India as applicable to the state of J&K is the Sovereign Constituent guarantee given to the people of J&K by the Union of India under the historical background and the unique position of the state. As the state of J&K has exceeded to Union of India as per the terms and conditions contained in the letter of accession only with regard to the Defense, Foreign Affairs and Communication.
The Article 35-A protects the rights of permanent residents of the state of J&K as this article provides for savings of laws with respect to permanent residents made by the state legislatures in respect of:-a) Defining the classes of persons who are or shall be the permanent residents of the state of J&K or; b) Conferring on such permanent residents any special rights and privileges or imposing upon other persons any restrictions in respect of; (i) Employment under the State Government, (ii) Acquisition of immovable property in the state, (iii) Settlement in the state or (iv) Right to scholarships and such other forms of aid as the state government may provide. The said powers of the state legislatures shall not be called into question on the grounds of being inconsistent with or takes away any rights conferred on other citizen of India.
The state subjects law has its historical background as it was existing way back in 1927 and 1932 Maharaja's orders, promulgated due to the prolooged agitation of the people of J&K. As this law is still holding good for the people of J&K keeping in view the unique position and topography of the state, it is still being considered as the only available protection for the rights of permanent residents of the state of J&K against the superior competing interests of the Non-Residents of the state. The so-called calling into question the Article 35-A of the Constitution of India on the grounds of being inconsistent or being discriminatory will not only snatch the constituent guarantee and protection but also create more confusion and chaos in the state as well as the other Constitutional application Orders made applicable to the state of J&K as per Article 370 of the Constitution of India, through, The Constitution Application to Jammu and Kashmir Order of 1954 would have been become redundant and void automatically.
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