Article 35 (A) with regard to Kashmir


The article was added to the constitution by a presidential order in 1954, it said.

He said 35A is state subject law and they (NGO and others) are out to declare it as invalid.

The BJP, which is an alliance partner in the Mehbooba Mufti-led government in the state, has been calling for the scrapping of the special provision since the party's inception in 1980.

"The apprehension expressed by the Chief Electoral Officer that there may be reluctance on the part of the polling personnel to go to the polling locations, in view of the fear in their minds with regard to their safety and security is also a matter of concern", the May 1 EC order had said.

Officials in the home ministry had said yesterday that its law officers would be presenting legal aspects related to Article 35A only and would refrain from joining the case. "If the central government is serious, they should file a counter", he said. The puppet authorities continued to put Hurriyet leaders including Syed Ali Gilani, Mirwaiz Umar Farooq and Mukhtar Ahmed Waza under house arrest or in custody to stop them from leading the protests.

Speaking on the same, Singh said, "The coalition government in Jammu and Kashmir takes the agenda of the alliance and takes decisions". Most importantly, Article 14 refers to "persons" and not "citizens".

Human rights activist, Khuram Parvez, said civil society needs to respond to the narrative of New Delhi-based media which is hell-bent on projecting Kashmiris as regressive.

The following arguments are put forward against the Article 35A.

"NC's statement clearly indicates the mindset of his party that has always advocated politics of exclusion", said Mr. Gupta. People of Jammu and Kashmir feel that their identity will be in danger. "We should not build a situation where egos and counter-egos come into place since we don't have much support from India now", Wani said. Fundamental rights are also part of the basic structure of the Indian Constitution, which can not be amended at all as the apex court has stated.

However a petition has recently been filed by right wing Hindu hardline Rashtriya Swayamsevak Sangh (RSS) backed think tank, Jammu Kashmir Study Centre, challenging Article 35-A in India's top court. The memorandum also focuses on sensitizing the Kashmiri people about the grave dangers and consequences of the proposed abrogation by using service of Imams, Pujaris, Granthis, and priests across the State.