Like our Facebook Page

Early Times Newspaper Jammu, Leading Newspaper Jammu
Breaking News :   After raising hue and cry, BJP leaders maintain silence in Assembly | BJP contemplating action against its MLA | Over 12k Doctors, Engineers jobless in Jammu; Kashmir 45% ahead in employment | Jammu constables face discrimination | 1296 kanals land occupied by politicians, influential persons | J&K State Cooperative Bank gives 'damn' to austerity circular issued by government | India needs to act before 'terroristan' hands over nukes to ultras | Flood Control department disregards directions of Court, CM Secretariat | MAM college toilets mock at PM's Swachh Bharat Abhiyan | DY CM chairs meeting on PIA charges | BJP legislators exposing own ministers in Assembly, 'Free for All' situation in Saffron camp | Govt may go for special audit of treasuries across J&K | Against 7 days assurance, CUJ fails to upload answer keys even after 3 weeks | Scared of NIA charge-sheet, Hurriyat softens stand | SC upholds appointment of constable operators after redrawing merit list | Candidates in Panchayat polls to be provided security cover | Finally SMC to undertake Segregated Waste Collection | Two engineers suspended, 2 employees disengaged following collapse of footbridge in Poonch | 2011 batch KAS want early rotation | Security forces' major challenge in Kashmir | GDC organizes orientation programme | 3 KAS officers transferred | Shah holds workers meet at Kalakote | RM Public School conducts different activities | Anil qualifies Yoga Registry of QCI | Low Danger Avalanche Warning issued for higher reaches | Rs 9.81 cr Outdoor Stadium coming up in Udhampur: Govt | Shiksha Niketan School organizes Turban Tying Competition | G L S Public School celebrates Annual day | Modi a Charioteer of BJP victory chariot | The creator | Sacred Shrine Of Bawa Guru | Israel-India friendship may hit a new ground | Maximum teachers, lecturers asked to join election duty | PDP MLA complains of lowering of protocol by government official | HC quashes FIR in rape case | HC asks state to consider claim of petitioner for promotion as BMO | 4,80,493 yatris paid obeisance at Amarnath in last 2 years | Over 2.50 lakh pension cases pending in state | PDP MLA enters into heated arguments with PHE minister over Jhelum dredging issue | HC directs CAPD dept to supply ration to FPS dealer if dealership subsists | Govt spent Rs. 1.20 Cr on repair, construction of 168 mosques | 185 security personnel killed in militancy in last 3 years in Kashmir | 97 lakh people get Aadhar cards in JK | Speaker drops bombshell in Assembly, claims his security protocol was breached | MNP urges govt to implement DBT | 210 complaints filed over encroachment of Hindu migrants'properties: Govt | 379 acres of land encroached in Jammu: Govt | J&K Mixed Martial Art team shines | JCF organizes literary cum musical programme | IGNOU extends date for submission of registration | 'Qurrah' for aspiring Haj pilgrims on Jan 19 | Power shut down | JTC, SKF allege Govt depriving KP community of all rights | CBI enquiry into use of substandard material in NH-44 Ramban-Udh demanded | Anganwari workers, helpers stage protest | ReT Teachers Forum holds meeting, wows to fight injustice | NCB destroys 20 kgs narcotics drugs | Warm farewell given to SDM Akhnoor | JKReTTF Provincial level meeting held | Randhawa inaugurates lane, drain at Mohalla Tarkhana | Pesticide industries polluting atmosphere of Samba: Rajeshwar Singh | JKPRM nominates Fazal on tehsil president | Unique Public school, Kv no1 emerges winner in Kababdi tournament | JSS students participate in International Karate Championship | Programme on sensitization of immunization in slums organized | Kashmiri boy wins 'Muscle Model title' at Fit Factor India | Safaikaramcharis strike turns Udhampur into 'garbage' city | Kamla accuses Govt of neglecting Home Guards | MCB sweepers stage protest against pending salaries | 'ASHA workers' hold daylong protest demonstration | Freezing cold in Kashmir; rain or snow predicted | Details regarding Kawa's arrest being collected:Govt | Fire in forest along LoC triggers landmine blasts | Choudhary elected as gen secy of AJKGBC | Panchayat resigns as chairman Raj Bans Sabha Biradari | Jan lashes out at Govt over poor healthcare services in Poonch | Govt sets up expert group to study development deficit: Drabu | Uniform Labour Code will be a landmark initiative | Back Issues  
news details
Amicable Solution to Imbroglio 35A
Dr Virender Sahi8/18/2017 10:08:45 PM
The recent statements emerging out over Article 35A from a truncated population of a particular small section of within Kashmir Valley has once again brought to the fore the blatant misrepresentation of mass public sentiment of larger population of J&K State. The larger areas of Jammu and Ladakh want it repealed and within the Valley, beyond the 22 percent Kashmiri speaking population, others are not for this discriminatory provision. It is unfortunate that this time it is the Chief Minister who is pushing for the discriminatory voice against a vast majority sentiment of the State that she represents.
Over the decades, Article 370 got in heated debates. As Per the Constitution it is a "temporary provision". It is clear that many of the autonomies granted by Article 370 have been eroded anyway over a period of time and some stay only documented. Despite the clauses of the article, constitutional orders were passed long after the state's constituent assembly had wound up, which meant that a large number of Central laws are now apply to the state as well exactly as rest of the country.
Thus, the safeguards flowing from the state's special status have also been challenged. While Article 35A was meant to preserve the distinct character of the state, the rational nationalist thinkers call it discriminatory as it denies Indian citizens outside Jammu and Kashmir the right to own land or get voting rights. This, according to them, violated Article 14 of the Constitution, which guarantees equality before law and equal protection from the State.
They also assert that a Constitutional amendment of this kind cannot be made through a Presidential order, and it was Parliament alone that had the powers to make such a provision. Yet the Supreme Court upheld its validity when it dealt with the question of whether the president had powers to pass Constitutional orders such as the one on Jammu and Kashmir in 1954. Legal luminaries called it an 'unlawful back door entry' of an addition to the constitution that cannot sustain legal scrutiny. The voices for retaining 35A emerging from Kashmir Valley talk of its safe guards for the local population and ward off settlers from outside the J&K State. It was a worthwhile consideration once, when Kashmir was called 'Jannat' and the Britishers ruled India and found Kashmir a lucrative choice for them and many of the 'Brown Sahebs'. Who the hell would like to settle there now when even short visits and tourism is also not safe? As regards Jammu, the very same voices (including the past and present chief ministers) are silent over the settlement of Rohangiyas and Banladesis of foreign origin caring less for Article 35A and its provisions, while government is dumb and blinded over these illegal settlements.
As a workable solution, for the time being, let us retain the Article 35A with some modifications. One, let us under a state law remove the discrimination against women and allow the spouse and children of our daughters to get the J&K permanent resident status as available to men marrying outside the state. Two, as a onetime exception, let us accommodate the 2nd/ 3rd generation of West Pakistan refugees and the Punjabi Balmikis born in the State as State subjects by birth. These two measures may silent many agitating voices without tampering or diluting the basic character of the disputed Article. Political thinkers, activists and political parties should get together to find a solution to the waxed problem rather than bake their cakes in the burning fires of dispute and fuel the fires by making exciting statements. There can be checks and balances to ensure the nationals from outside the state do not buy lands in J&K at all or beyond certain fixed limits or settle industrious against local interests. It is preferable for the J&K Government and the nationalist J&K population to find an amicable solution instead of raising yet another controversy when the state is already faced with multifaceted problems, Pakistan sponsored locally boosted terrorism and the Dragon threatening form north. All this in addition to the inherent problems of poverty, illiteracy, underdevelopment and shortages of power, Medicare, scant industrial growth and the very survival is under the threat of the terrorists' guns. Will sense prevail ?
  Share This News with Your Friends on Social Network  
  Comment on this Story  
Early Times Android App
BSE Sensex
NSE Nifty
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
J&K Govt. Official website
Jammu Kashmir Tourism
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
Train Enquiry
Jammu Kashmir Bank
State Bank of India
Passport Department
Income Tax Department
IT Education
Web Site Design Services
Jammu University
Jammu University Results
Kashmir University
IGNOU Jammu Center