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Essay on Essay on Article 35A – 200 word
Article 35A of the Indian Constitution gave special power to the J&K government. In contrast, the governments of other states in India, the legislature of Jammu and Kashmir, obtained the right to define the residents of the state. It had its own constitution and followed the laws described in it.
According to the constitution of J&K adopted in 1956, two years after the issue of Article 35A, only residents of Jammu and Kashmir would have the privilege of being called permanent residents of the state at the time of Article 35A. Those who lived in Jammu and Kashmir for 10 consecutive years and legally owned a property in the state also got its permanent residence. Permanent residents of Jammu and Kashmir were entitled to many special privileges under the new law.
On 5 August 2019, Home Minister, Amit Shah passed a resolution in the Rajya Sabha to table a bill for repeal of Article 35A and Article 370 in which the Jammu and Kashmir government was given special powers. It was approved by President Ram Nath Kovind and all provisions under this Article were thus repealed.
The residents of Jammu and Kashmir had enjoyed exclusive rights till now, so the laws mentioned in the Indian Constitution would have to be followed. This has led to a feeling of uneasiness and discontent among the political leaders of J&K as well as the general public. However, the BJP government claims that it has taken this step for the betterment of the state.
300 Words – Essay on Essay on Article 35A – 2
Article 35A, which was adopted back in 1954, has been in the news recently after its expiry. Residents of the Indian state of Jammu and Kashmir enjoyed many special rights under this article. This sudden cancellation has created an atmosphere of tension in the state. While a large section of the general public living in different parts of India and leaders belonging to various political parties have praised the move, others are skeptical about it, yet others have condemned it completely. Our neighbors have also shared their opinions on this.
Law passed by Maharaja Hari Singh
In 1927, the former Maharaja of Kashmir Hari Singh passed a law similar to Article 35A. It is said that it was the Kashmiri Hindus who recommended it. Singh decided to restrict the rights of the people of Punjab entering the state of Jammu and Kashmir.
Pakistan’s reaction to the repeal of Article 35A
Pakistan has strongly condemned the Indian government’s decision to repeal Article 35A and Article 370. Pakistan’s foreign ministry issued a statement expressing dissatisfaction with the move and termed it illegal. Pakistan has also said that it will explore all options to counter the move. It states that Jammu and Kashmir has been recognized as a disputed territory by the United Nations and the Government of India cannot take any such step unilaterally. Pakistan’s foreign minister, Shah Mahmood Qureshi, said the decision revived the Kashmir issue.
China’s reaction to the repeal of Article 35A
China has expressed concern over the Indian government’s decision to repeal Article 35A. It has also opposed the move to convert Ladakh into a union territory. Reacting to the same, the Modi government has reminded China of its internal issues. It further mentioned that India does not interfere in the internal issues of other countries and expects the same from others.
The conclusion
Though the repeal of Section 35A and Article 370 of the neighboring country has not been pleasant, the majority of Indian people hope that this will bring a positive change in the state as well as the entire country.
400 Words – Essay on Essay on Article 35A – 3
Article 35A of the Indian Constitution was issued seven years after India attained independence from British rule. With this, the legislature of Jammu and Kashmir gained the power to define the permanent residents of the state and thus began discrimination among the people of this princely state. The special privileges granted to the permanent residents of Kashmir have now become ineffective as Article 35A has been abolished. It is said that this decision has been taken to improve the economic, social and political conditions in the state.
What is Article 35A?
Here is detailed information about Article 35A of Indian Constitution:
- This article was adopted as a result of the President’s order. Parliament was not reviewed before adding to the constitution
- After the issue of Article 35A and Article 370, Jammu and Kashmir made its constitution. The J&K Constitution was adopted on 17 November 1956. It came into force on 26 January 1957.
- According to the new constitutional law:
- Only those who lived in Jammu and Kashmir in 1958, when Article 35A was issued or thereafter lived there for 10 consecutive years and bought a property in the state of law, obtained their permanent residence.
- Only permanent residents of Jammu and Kashmir were entitled to government jobs in the state.
- Only permanent residents of Jammu and Kashmir were admitted to professional colleges run by the state government and only they were entitled to scholarships in state-run educational institutions.
- People belonging to other parts of the country could not buy property in the state. The reason for this was that it could bring major changes in the state’s demographics.
- The right to own property was denied to women marrying non-residents. However, this section was changed in the year 2002 by a court order. Those who were residents of the state received a certificate as proof of their permanent residence.
The conclusion
Permanent residents of Jammu and Kashmir who were enjoying exclusive rights under Article 35A have expressed anger and dissatisfaction over the decision to repeal the article. This news has caused a lot of uproar in the country, especially in the Jammu and Kashmir region.
Since the Modi government took all measures to ensure peace in the country after announcing the repeal of Article 370 and Article 35A, there have been no reports of physical violence anywhere. However, this decision has been criticized by many political parties of India as well as our neighboring country Pakistan. This has created a situation of tension in the country.
500 Words – Essay on Essay on Article 35A – 4
Article 35A, which the former Indian President, Dr. Released in 1954 by Rajendra Prasad, it was withdrawn on 5 August 2019. The article gave special rights to the legislature of Jammu and Kashmir. It has been a major event in the history of the Indian Constitution and has received mixed reactions from political parties across India as well as the general public. While many believe that this is a great step to improve the state of the state, others have condemned it.
Here is a look at the political parties who are in favor of repeal of Article 35A and who are against it.
Political parties in favor of repeal of Article 35A
Article 35A. Many political parties were among those who praised the BJP government’s move to support the decision to repeal the Aam Aadmi Party, Shiv Sena, Shiromanu Akali Dal, Biju Janata Dal and Bahujan Samaj Party. These parties believe that this was a much awaited change and this will improve the situation in Jammu and Kashmir.
Article 35 Political party against a repeal
Many political parties have shown dissatisfaction over the repeal of Article 35A. He described it as unfair and unjust. Many Congress Party leaders were shocked at the decision. They are openly criticizing the Modi government for this step. Other parties that are against it include Janata Dal (United), National Conference, DMK, People’s Democratic Party, Rashtriya Janata Dal and Trinamool Congress. Many leaders of these parties have expressed their anger and fear on him. According to him, this can lead to major issues in the state which can affect the entire country.
Status in kashmir
The declaration of repeal of Article 370 and Article 35A was seen as a historic step. This will undoubtedly bring a major change in Jammu and Kashmir. While everyone in India as well as neighboring countries were aware that the people most affected by this change had no sense in what was coming from the decision.
As a precaution, the government of India had shut down all phone lines and Internet services in the Kashmir Valley ahead of the announcement. Curfew was imposed in many parts of the state. This is because shutting down services and imposing curfews make it difficult for people to organize protests. Kashmiris only knew that something was on the major cards but did not imagine it to be big.
Prominent political leaders of Kashmir including former Chief Ministers Omar Abdullah and Mehbooba Mufti were arrested as a bill for repeal of Articles 370 and 35A and the division of the state was passed in the Rajya Sabha on 5 August 2019. All this was done to stop any kind of violence in the state.
The conclusion
Just as every coin has two sides, every decision comes with its pros and cons. While on the one hand, the repeal of Article 35A is being seen as an opportunity for the development and prosperity of Jammu and Kashmir, on the other hand it has created an atmosphere of tension across the country because those against the decision Is angry
600 Words – Essay on Essay on Article 35A – 5
Article 35A was enacted in the state of Jammu and Kashmir through Order 1954 of the Constitution. The order was issued under Article 370 by the then President of India, Rajendra Prasad. This was done on the advice of Pandit Jawaharlal Nehru. Permanent residents of Jammu and Kashmir enjoyed special privileges under this article. The enforcement of this article was often questioned in the state, but none of the governments in power took any concrete steps against it. The repeal of this article was on the BJP’s agenda for decades and finally it was done. The sudden tearing of this article raised eyebrows of many people.
Here is a look at the pros and cons of abolishing Article 35A:
Benefits of scraping Article 35A
The arguments in favor of abolishing Article 35A are as follows:
Economic Prosperity
The removal of Article 35A will ensure economic prosperity in the state of Jammu and Kashmir. Industrialists and professionals from other parts of the country will be encouraged to set up their businesses in the state. This will not only provide more employment opportunities to the local people, but will also help in the development of the area.
Better educational prospects
Many skilled and educated teachers in Jammu and Kashmir are deprived of jobs in government schools and colleges simply because they are not permanent residents of the state. A lot of talent is thus being wasted. Scraping the article will open doors of opportunity for them. Teachers from different parts of the country will be able to apply for jobs in state government schools and colleges. This will bring more talent to the place. Students will get better education.
In addition, meritorious students in Jammu and Kashmir are denied scholarships in state-run educational institutions on the grounds that they do not have permanent residency. With the repeal of 35A all students will get equal opportunity.
Good Leadership
The law and order situation in Jammu and Kashmir has often been in the news. The state has experienced many terrorist attacks. Kashmir is particularly vulnerable to these attacks. The scraping of Article 35A will allow non-permanent residents of the state as well as eligible candidates from other parts of the country to contest in Jammu and Kashmir. It can bring in better jurisdiction and there is a possibility of improvement in law and order in the state.
Medical services reform
Jammu and Kashmir medical facilities depend to a large extent on local physicians. Thus, the medical services offered here (especially in Kashmir Valley) are not very good. The scraping of 35A is expected to improve medical services in Jammu and Kashmir as knowledgeable and experienced professionals who are non-permanent residents of Jammu and Kashmir will also be able to get jobs in government hospitals and clinics in the state. Also, people from other parts of the country will also be allowed to serve there. Thus efficient serving hands will increase.
Equality
Non-permanent residents in Jammu and Kashmir are often seen as second class citizens. They were not treated well. There is often a rift / cold war between permanent residents and non-permanent residents of the state. The cancellation of 35A is expected to ensure equality among citizens. This will help in creating a better environment.
The conclusion
While many political parties have criticized the decision as it is unilateral in nature, it seems as if the people of Jammu and Kashmir are finally seeing better days. This decision is likely to open up a lot of opportunities for them. The law and order situation in Jammu and Kashmir should also improve as the Center will have control over all major decisions of the state. We are hopeful that the removal of Article 35A will bring peace and prosperity in Jammu and Kashmir.
Long Essay on Article 35A – 6
What is Article 35A?
- This was added by the 1954 Presidential Order issued under Article 370, the constitutional provision that mediates relations between India and Kashmir.
- Article 35A of the Indian Constitution is an article which empowers the legislature of the state of Jammu and Kashmir to define the “permanent residents” of the state and confer special rights and privileges to those permanent residents.
- Article 35A also empowers the state legislature to challenge any law on the basis of a framework without any law so that the right to equality of the people of other states or any other right under the Constitution is not violated.
Details about how it was added can be unconstitutional:
- Article 35A was added to the Constitution in 1954 by an order of the then President Rajendra Prasad on the advice of the Union Cabinet led by Jawaharlal Nehru. The controversial Constitution (Application for Jammu and Kashmir) Order of 1954 followed the Delhi Agreement of 1952, which granted citizenship of Jammu and Kashmir to Indian citizenship.
- The President’s order was issued under Article 370 (1) (d) of the Constitution. This facility allows the President to make some “exceptions and amendments” to the Constitution for the benefit of the citizens of Jammu and Kashmir.
- Article 35A was therefore included in the Constitution as a mark of special consideration given by the Government of India to the ‘permanent residents’ of Jammu and Kashmir.
- The President bypassed the parliamentary route and incorporated Article 35A into the Constitution. Article 368 (i) of the constitution states that only Parliament can amend the constitution. So the question is, is the President outside his jurisdiction? Is Article 35A null and void because the government did not hold parliamentary discussion?
- A five-judge bench of the Supreme Court, in its 1961 decision, discussed the powers of the President under Article 370, amending the Constitution during the case of Pooranlal Lakhanpal v. President of India. The court said that the President can amend an existing article in the Constitution under Article 370, but the SC ruling is silent on the President’s power to introduce a new Article without the knowledge of Parliament. This question is unanswered.
Who is a permanent resident?
- The Jammu and Kashmir Constitution of 1956 defines a permanent resident who, other than being an Indian citizen, was a state subject or a resident of the state for 10 years on May 14, 1954, and was the owner of immovable property in the state.
What do the petitioners say?
- The petitioners have challenged Article 35A on the ground that it can be presented only through constitutional amendment under Article 368 and not through a presidential order under Article 370.
- They say that Article 35A is against the spirit of unity of India as it creates a class within a class of Indian citizens. It prohibits citizens of other states from obtaining employment or purchasing property within Jammu and Kashmir, thus violating fundamental rights under Articles 14, 19 and 21 of the Constitution.
- A petition also states that Article 35A is gender-biased and also against Article 14 of the Constitution as it deprives the property rights of a permanent resident woman of Jammu and Kashmir who marries a non-resident. Whereas a man who marries an external state will continue to enjoy his rights.
Apprehensions
- The government’s new legal activism against Article 35A or 370 will lead to more segregation in the Valley.
- In the Valley, the government’s response to 35A is being seen as paving the way for doing away with Article 370, except for the orders of the President, who agreed to the Jammu and Kashmir Legislative Assembly, most of the laws enacted by Parliament Jammu and Kashmir is excluded from.
- The court has also asked the Center to respond to the petition challenging Article 370.
- All these have served to reinforce the suspicion that the Center is using the legal route to bring about the changes it wants
Center’s stand:
The Central Government is likely to seek a separate opinion from the Jammu and Kashmir Government on Article 35A on the ground that it discriminates against women who avoid buying jobs or property from marrying outside the state, Is a violation. Constitution.
What do critics say?
- Critics argue that Article 35A goes against the principles of equality as well as the unity and integrity of India. He argues that this prevents citizens of other states in Jammu and Kashmir from getting jobs or acquiring property and it is a violation of fundamental rights under Articles 14, 19 and 21 of the Constitution.
- Article 35A has also been challenged to protect certain provisions of the Jammu and Kashmir Constitution, which limits the basic right to property if an original woman marries a man who does not have a permanent residence certificate. .
- Recently, a Supreme Court Bench has indicated that the validity of Articles 35A and 370 may finally be decided by the Constitution Bench.
Article 6 of Jammu and Kashmir Constitution:
It restricts the fundamental right of women to marry the man of their choice, giving the heirs no right to property if the woman marries a man who does not hold a permanent residence certificate. Her children are denied a permanent resident certificate, whereby they are considered illegitimate – no rights are given to the property of such a woman, even if she is a permanent resident of Jammu and Kashmir
Why have political parties and separatists opposed the tampering of 35A?
It is feared that this will further deteriorate the autonomy of Jammu and Kashmir and lead to demographic changes in the Muslim majority valley. Political parties maintain that the Kashmir proposal is rooted in greater autonomy; The separatists pounced against the possibility of a ‘flood’ in the Hindu valley.