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Essay 1 – Essay on Article 35A of Indian Constitution (200 Words)
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 introduce 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 It was approved by President Ram Nath Kovind and all provisions under this Article were thus repealed.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.
Essay 2 – Essay on Article 35A of Indian Constitution: Revocation (300 Words)
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.
Essay 3 – Essay on Article 35A of Indian Constitution (400 Words)
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 rights 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 primary order. Parliament was reviewed before it was added 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 announced the repeal of Article 370 and Article 35A, all measures were taken to ensure peace in the country, so there were 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.
Essay 4 – Essay on Article 35A of Indian Constitution (500 Words)
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
Essay 5 – Essay on Article 35A of Indian Constitution: Advantages (600 Words)
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 add 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 a victim of 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.
Debate on ARTICLE 35A
History of Conservation of Jammu and Kashmir
- The historical background of the need to differentiate between permanent and non-permanent residents can be traced back to a movement by Kashmiri Pandits against hiring Punjabis in state administration, which eventually led to Maharaja Hari Singh’s 1927 law Had to implement. Sought to provide some privileges to permanent residents, especially in the purchase of land.
- Due to the special circumstances surrounding the entry into India and the guarantee of special status, representatives of Jammu and Kashmir realized the law regarding permanent residents to continue to preserve their exclusive rights from the rest of India. is required.
- In 1946, when Mohammad Ali Jinnah requested the Muslims of Jammu and Kashmir to become part of Pakistan, the Muslim public rejected this argument and raised slogans of “Go back to Jinnah”. Pakistan entered into a permanent agreement with Jammu and Kashmir, but India did not do so. It wanted to conduct further talks.
- On August 15, 1947, when India and Pakistan became independent states, the state of Jammu and Kashmir did not dominate. Instead, its emperor proposed a “permanent agreement” with the two countries. • Access to Instrument was signed by Maharaja Hari Singh on October 26, 1947, under which
- Jammu and Kashmir agreed to accept the Union of India.
- In 1950, the Constitution of India came into force and Article 370 was the guide for relations with Jammu and Kashmir.
- The Constitution of Jammu and Kashmir came into force in 1957, wherein Article 147 (c) stated that no amendment could be made to the Constitution in relation to the provisions of the Constitution of India for the State; For all purposes, it will cover the relationships contained under section 370.
- It is important to note that Article 370 cannot be rendered inoperative without the consent of the Constituent Assembly, but the tampering of the special relationship between India and Jammu and Kashmir, as enshrined in the Article, is specifically done in this part of the Constitution of Jammu. Kashmir is prohibited by the provision, which brought stability to the special status of the state.
Article 35A
- Article 35A of the Constitution of India enables Jammu and Kashmir to distinguish between permanent property and non-permanent residents in relation to acquisition of immovable property, settlement and employment in the state. DELHI Agreement:
- Article 35A was a product of the Delhi Agreement. It enables the state legislature to define “permanent residents” and confer special privileges. It also prevents such laws from being void on the ground which are inconsistent or restrict or restrict the rights conferred on other citizens of India by any provision of Part III of the Constitution.
According to the text of article 35A
“Saving of laws regarding permanent residents and their rights. – Notwithstanding anything in this Constitution, there is no existing law in force in the state of Jammu and Kashmir, and thereafter no law has been enacted by the state legislature.
(A) defines classes of persons of permanent residents of the State of Jammu and Kashmir, or shall; Or
(B) impose any permanent rights and privileges on such permanent residents or any restriction as respect to other persons –
- Employment under the state government;
- Acquisition of real estate in the state;
- Compromise in the state; Or
- The right to scholarship and such other forms of assistance as the State Government may confer shall be void on the ground that any provision of this Part takes away or is inconsistent with any rights conferred on other citizens of India. “
Challenge article 35A
- Article 35A was inserted through the Constitution (Application to Jammu and Kashmir), 1954, issued by the President under Article 370 (1) (d) and not a Constitution under Article 368 of the Constitution of India. Through modification. Currently the petitions before the Supreme Court argue that the insertion of a constitutional article by an order of the President is void as it was not based on the process of amending the Constitution.
- Article 370 (1) (b) (ii) and Article 370 (1) (d) of the Constitution states that the consent of the State Government is required while making decisions under the Union List (the items on which the central special Power is) Concurrent List and Concurrent List (has jurisdiction over both the Center and the States), apart from subjects under the means of access.
- It acknowledges the rights of the permanent residents of Jammu and Kashmir regarding ownership of land, employment, job schemes. It breaches the maximum limit of equality before the law and is discriminatory against non-permanent residents. – It has criticized the injustice done to women marrying someone other than the permanent residents of Jammu and Kashmir which again challenges gender equality. – It was passed by order of a President.
- There is an ongoing debate about its constitutional validity as to whether it should be passed through a constitutional amendment under Article 368.
- The President’s power to amend the Articles of the Constitution under Article 370 (1) (d) in relation to his application to Jammu and Kashmir was discussed by the Supreme Court in the President of India, Pooranlal Lakhanpal Vs.
COCLUSION
- The demand to completely repeal Article 35A without making such a distinction can have a disastrous effect on the already strained relations between Jammu and Kashmir and the central government, and maintain special special status on the state through Article 21 For this it should be avoided. The peculiar situation in which India got it.
- The Supreme Court should strive to maintain a balance between special status as the people of Jammu and Kashmir have been constitutionally guaranteed as well as upholding the fundamental rights of the people.