new Delhi. Ashwini Upadhyay, BJP leader who has filed a PIL in the Supreme Court seeking the end of Article 35A, says Article 35A is not only the Indian Constitution but also the biggest fraud with the people of Kashmir. Upadhyay says that Article 35A was not added by following the procedures set forth in Article 368 for constitutional amendment, but it was made illegally by the government. The parliament has only the right to amend the constitution. The Article 35A violates constitutional procedures not only in Article 368 but also against the basic structure of the Constitution of India.
Adding or subtracting any article in the Constitution can be done only by Parliament according to the procedure prescribed in Article 368. While Article 35A has not been presented to the Parliament before this date. It is clear from the fact that the then President had ignored the Parliament in its order to add Article 35A under the pressure of the government. It is also clear that under Article 368, the Constitution of Parliament was revoked in the matter of power Article 35A. In other words, we can also say that the constitutional amendment was done without the consent of Parliament.
Upadhyay has argued in his plea that the classification violated Article 14A by Article 35A violates Article 14 and it is against the basic principles of equality and constitution before the law. According to Article 35A, non-resident citizens can not have the same rights and privileges as permanent residents of Jammu and Kashmir. Article 35A violates the fundamental right of a woman after marrying a man of her choice and not giving her rights to her children. If a woman marries a man who does not have permanent residence certificate of nearby Kashmir, then in such situation, her children do not get permanent residence certificate or get a share in real estate, they will get a share in the jijajad Is not considered suitable, even if the woman has a citizenship of Kashmir.
Upadhyay says that this article gives an open rebate to the violation of the fundamental rights of the workers of the Scheduled Castes and Scheduled Tribes, such as workers and native residents. Which are residing in Kashmir for many generations. The Dalits and the villagers who were brought to Jammu and Kashmir in the state between 1950-60, were given permanent residence certificate on the condition that they and their future generations could remain in the state only when they became scavengers Stay. Today, even after six decades of service in the state, the children of those scavengers are Safari employees and they are deprived of the right to choose any other profession. Due to ownership restrictions on property, excessive damage to the industrial sector and the private sector is getting damaged. Good doctor engineers do not come in Professor Kashmir. Children from outside Kashmir do not get admission in state colleges. It also reduces the rights of refugees from Pakistan. He is a citizen of India but being a non-permanent resident of Kashmir, he is deprived of the basic rights and privileges obtained by the permanent residents of Jammu and Kashmir.
Upadhyay argues that Article 35A gives the state government an open freedom to discriminate between the citizens of India on an unfair basis, which is preferred in giving rights to another while crushing one's rights. Non-residents are prohibited from buying property, getting government jobs, or voting in local elections. The President of India added Article 35A to the constitution by an executive order, although Article 370 does not provide legislative powers to the President to amend the constitution of India. Article 35A not only violates constitutional procedures established by law, but also violates the fundamental rights provided in Article 14, 15, 16, 19, 21 of the Constitution. Upadhyay says that Article 35A has been imposed in arbitrary manner and it has the right to equality given in Article 14, 15, 16, 19, 21 of the Constitution, right to employment, right to equal opportunity, right of trade and business, organization Right to Information, Right to Information, Right to Marriage, Right to Personality, Right to Shelter, Right to Health and Right to Education. From this it is clear that Article 35A is not only the Indian Constitution but also the biggest deception with the people of Kashmir.
What is the article 35A?
From the Article 35A, the Jammu and Kashmir government has got the right to declare who it is to be a permanent resident and who does not. The Jammu and Kashmir government considers those people as permanent resident who had settled in Kashmir before May 14, 1954. Permanent residents of Kashmir have got special rights to buy land, get employment and get government schemes. Resident of any other state of the country can not go to Jammu and Kashmir as a permanent resident. Residents of other states can buy land in Kashmir or the state government can give them jobs. If a woman from Jammu and Kashmir marries a person from another state of India, then property rights of her and her children are snatched. Omar Abdullah's wife is married to a non-Kashmiri woman, but her children get all the rights. Omar Abdullah's sister Sara Abdullah has been deprived of her property rights due to being a non-Kashmiri person.
Article 370 was added only under Article 370A
Due to Article 35A, citizens of Jammu and Kashmir have dual citizenship. Due to Article 370, there is a separate flag and separate constitution in Jammu Kashmir. Due to Article 370, the term of the assembly in Kashmir is 6 years, while in other states it is 5 years old. Due to Article 370, the Indian Parliament has limited rights to make laws regarding Jammu and Kashmir. Laws in Parliament are not implemented immediately in Jammu and Kashmir. Right to Education, Right to Information, Anti Money Laundering Law, Anti-corruption Laws and anti-corruption laws are not applicable in Kashmir. Neither reservation is available nor the law of minimum wage applies.
What is the legal aspect of it?
In 2014, an NGO called "We sit Citizens" had applied to the Supreme Court, but the Central and State Government did not file their replies today. Meanwhile, Charu Khanna, Ladda Ram, Ashwini Upadhyay and Major Ramesh Upadhyay also challenged the Article 35A in the Supreme Court. At present, six public interest petitions are pending against Article 35A.
Ashwini Upadhyay has challenged the validity of Article 370 by submitting another petition in addition to Article 35A. The petition of Vijay Laxmi Jha is pending in the Supreme Court since 2017 but the Central and State Government has not yet filed its own statements. It has been argued in all the petitions that Kashmiris were not given special status when making the constitution. Even four members of the Constituent Assembly that draft the constitution were themselves Kashmiri.
Article 370 is the temporal provision which was made for normal up to the circumstances. It was never thought by the Constitution makers that the provisions of Article 370 would be added in the name of Article 370. Article 35A "A Legislative Constitution injures the spirit of a national anthem". In Jammu and Kashmir the citizens of other states have no equal rights against the basic spirit of the constitution.
What is the history of Article 35A?
Article 35A was added to the Constitution in 1954 by an order of the President. This order was issued on the advice of the Cabinet of then Prime Minister Jawaharlal Nehru. Two years ago, in 1952 Nehru and Sheikh Abdullah had a Delhi agreement. Under which the Indian citizenship was meant to be implemented in the subjects of the state of Jammu and Kashmir. But Article 35A was brought specifically to show Kashmir's special status. The argument is that it should end the President's Article 35A order. Because there was no discussion and debate in Parliament. Article 35A was added to the Constitution through a general order without informing Parliament.
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