Unnecessary hue and cry over Article 35(A) - Early Times Newspaper Jammu Kashmir

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Unnecessary hue and cry over Article 35(A)

Omkar Dattatray

8/20/2018 11:16:56 PM

Less and the little known article 35 (A) has suddenly become subject of hot debate and discussion thanks to politicization of each and every issue or non-issue by our political satraps and political parties. Article 35 (A) was never an issue during 62 years of its illegal incorporation into the constitution of India. Article 35(A) has abruptly been raised to the centre stage due to political interference of various political parties only to raise the mob hysteria and blackmail the centre government. Every Tom, Dick and Harry irrespective of party affiliation is fishing in the troubled waters to further their politics of vote bank and to show their presence in the murkier field of politics. Article 35(A) has become a talk of the town due to the wiping of emotions by various Kashmir based mainstream political parties and the separatist camp alike. The fact of the matter is that article 35(A) was inserted in the constitution of India not by amending the constitution as provided by article 368 but it was added to the constitution by way of the presidential order of 1954 by the then President Rajender Prasad under the recommendations of Pt. J.L Nehru cabinet. The constitution of India can be amended or any new article or provision can be added to the existing constitutional provisions only by amending the constitution by following the prescribed method of constitutional amendment by the parliament. But this route was not adopted while inserting article 35(A) to the constitution. Therefore insertion of article 35 (A) is illegal and unconstitutional ab-initio and thus there is no need for creating unnecessary hue and cry for supporting the continuance or revoking of this controversial article which has unnecessarily became a contentious issue in the whole J&K state. Article 35(A) of the constitution is a temporary article along with article 370 both of which should be scrapped for the good of J&K state and the India. Abrogation of article 370 and article 35 (A) will strengthen the bonds of J&K with the rest of India and will also give a great blow to Separatists tendencies in this special state of the Indian Union and this will put a lid on the Separatist and fissiparous tendencies in this border and sensitive state. Therefore for larger good of the nation both article 370 and little known article 35(A) should be repealed to usher in an ear of national integration and it will be a death knell to the Separatist movement in J&K. There is no need to politicize the issue which was hitherto little known. The issue of article 35(A) is subjudice in the highest court of land that is the Supreme Court. Thus the issue need not be politicized and the verdict of the honorable Supreme Court when judiciary in India is independent and impartial must be accepted by all the political parties and all the people. Therefore it is better for all the stake holders to fight the issue of article 35 (A) not politically but through constitutional remedies and by fighting the case through legal means. Thus the political satraps of both mainstream and the separatists should shun the negative politics of protests and bands and hartals but should fight the legal battle by filing suit cases in the apex court to defend the controversial provision of article 35(A) on which the Kashmir centric political parties and separatists like Hurriyat Conference are on the same page for defending the controversial provisions of article 35(A). But they are taking recourse to mob hysteria and are arousing the passions and emotional sentiments of gullible masses for their own political survival and are making article 35(A) a matter of street shouting and fight while the sensitive matter is subjudice. Thus all the stakeholders should desist from politicking on this issue but should take recourse to legal remedies available to them and under the constitution which is the only sane way to defend this controversial article which this mainstream politicians and the separatists call the soul of J&K's accession with India. Separatists and the mainstream parties also consider it as the separate identity of J&K state and argue that any attempt to repeal it will amount to invasion on the separate identity of J&K. Article 35(A) gives special rights and privileges to the state subjects of J&K only and denies such rights to the Indian citizens of other states. By virtue of article 35(A) only state subjects can apply for the state governments' jobs, scholarships and such other prerogatives and it denies such rights to other citizens of India. This article also denies property rights to women who marry outside the state and their legal heirs. Thus article 35(A) is gender biased and discriminatory and has no legal ground. Article 35(A) is unconstitutional as it prohibits citizens of other states of India to buy immovable property in J&K and therefore violates the right to equality enshrined under article 14 of the constitution. So article 35 (A) is voilative of the basic doctrine and structure of the Indian constitution and is also discriminatory in nature and it infringes the fundamental right to equality of the Indian citizens. Thus this article has no legal and constitutional standing and so it should be repealed in the interest of right to equality of the citizens of India. But there is no need or ground for hartals, roadblocks and bandhs in support of this controversial provision. All the parties should resort to legal course of action to defend this article in the apex court. Till the matter is subjudice the parties concerned should not whip up the communal and separatist tensions and tendencies but should wait the decision of the Hon'ble Supreme Court. The Separatists and the so called mainstream Political parties of Kashmir are exerting political pressure on the centre government and are also exerting pressure on the judiciary to give verdict in their favour. Thus this in fact leads to fiddling with the judiciary and it should not be allowed as Indian judiciary is impartial and independent. No one should be allowed to tinker with the highest seat of judiciary where the matter is subjudice. The day to day hartals and protests cannot browbeat the apex court and the central government and the court should hear the case and pronounce the verdict whatever it be. Now that the hearing is scheduled to take place on 27th August, 2018 and all the concerned should wait with patience and welcome what comes on that day. It is likely that the issue will take some years to be settled and in the mean time politicians of all hues and colors should stop fishing in troubled waters and allow the court to hold hearings and pronounce the judgment in the due course of time. There is hardly any advantage in arousing mass and mob hysteria as is going on in J&K. It will only lead to economic losses and reduce the tourist footfall to J&K. The state of J&K which is facing severe unemployment problem can to a great extent be relieved of this problem if article 35 (A) is scrapped. The repeal of the article will lead to bulk of investment in trade, industry, infrastructure, agricultural and allied activities. It will certainly transform J&K in a developed state of India union. So there is no need to raise unnecessary hue and cry over article 35(A) of the constitution and it is hoped that the highest court of land will deal with the issue and pronounce the judgment for the justice and good of all citizens.

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