x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   CSR initiative of J&K Bank is for elites | Student Development Centre inaugurated at YCET | 16th MR. J&K body building , best physique c'ship organized | Birla School inaugurates MUN | Selection Matches of Physically Challenged Cricketers for World Cup starts | Cricket coaching camp concludes at KC Sports Club | Workshop on Child abuse organized at Rich harvest school | Panel discussion on "Rural landscapes" organized | Mendhar Shaheedi Diwas T20 Cricket tourney organised | South Kashmir will teach PDP a lesson for its wrong doings: G A Mir | Mission Modi expresses gratitude to voters of Jammu division | Accountant General unable to authorities revised pension in 80 percent cases: Pensioners | DEO Kishtwar visits Marwah, reviews de-induction plan of polling parties | J&K Police recovers Nagchati in Kishtwar, forest produce smuggler held | J&K Grameen Bank progressing by leaps & bounds | Hanuman Jayanti celebrated | Vehicles without HSRP to be penalized: TC | Bhaderwah shuts in response to SDS call | Cop misbehaves with media persons at Chakan-da-bagh, Poonch | Highway ban: HC seeks compliance report on ensuring no difficulty to commuters | Online' corruption' in MVD Poonch | Baloni village remains undeveloped | 35 trucks return after ban on cross-LoC trade | Glowing tributes paid to memory of slain RSS leader | Students of GMS Sundergund Langate crave for road to their school | No grenade attack in Kulgam; probably a tyre burst or electric fault: Police | LMD imposes Rs 50,000 penalty to Publisher for violating norms | Jammu Chamber of Commerce seeks probe into misuse of cross-LoC trade routes | ECI revises poll timing for Anantnag PC | New bus-stand in shambles, municipality in slumber | Train service resumes in Kashmir valley | Trading of 21 items like red chilli, mangoes, herbs, dry fruits to hit following indefinite suspension of cross LoC trade | Impressive procession taken out to celebrate Good Friday | State Haj Committee issues notification for lady pilgrim aspirants | EX MLA inspects on-going developmental works | GMC Kathua organizes first CME on cancer awareness, prevention | MPEJ appeal voters to reject undemocratic forces | JKSSC youth football league continues | Adbi Kunj holds literary meet to commemorate Ramnavami, Baisakhi | NDA organizes awareness programme | Mountaineering team left to participate in All India Speed, Bouldering competition | Training imparted to all contesting party representatives at Leh | Sawhney donates water dispenser to Samba Bar Association | Dubious record! RDD spends Rs 6.7 cr in few hours | Ladakh Cong in disarray, Karbalie to fight as an Ind candidate | Kashmir 'thankless' to CRPF for saving polling officer's life | 'Power intoxicated J&K BJP leaders, they allowed PDP to encourage Pak stooges' | Govt resurrects biometric attendance | MHA doles out reasons for suspending Cross LoC trade in JK | ZEO Ukhral under scanner for bold MCC violation | Governor attends 3rd Anniversary of Shri Mata Vaishno Devi Narayana Superspeciality Hospital | Delay in land transfer hampers extension of SDH Hiranagar Rs 57 lakh lapse | Anantnag Lok Sabha elections, Security plan finalized, say officials | Land issues, litigation stall dev works in J&K | Public co-operation, support contributed in conducting peaceful, incident free PC elections: SSP Kathua | Exemplary action by Police of Kathua district in Police Station Hiranagar; return lost property to its owner | Registrar Unlawful Activities Tribunal Delhi issues show cause notice to JeI | Life returns to normal in Kashmir valley after shutdown | Suspension of cross-LoC trade by GoI has vindicated Team Jammu's resolve | Shiv Sena chief accuses Mehbooba Mufti of fielding "extremists" in Lok Sabha polls | Inexorable Pressure to Appear Young and Beautiful: A Social Malady! | Punch lines of US on Modi government | Pak Army plays upperhand role in weak democracy | Back Issues  
 
news details
Supreme Court must declare Article 35A unconstitutional for 8 reasons
1/21/2019 11:20:45 PM
Prof Hari Om

On August 31, 2018, the Supreme Court fixed the next date of hearing on Article 35A on January 19. But it could not happened because January 19 being Saturday. The apex court does not hear cases on Saturday.
It is an illegal, unconstitutional and divisive provision. It was the brainchild of Prime Minister JL Nehru and radical Islamist in Kashmir. The whole objective behind this unconstitutional act was to help Kashmiri Muslims establish Islamic Republic of J&K on the soil of Bharat. The worst part of the whole situation was that the then President of India, Rajendra Prasad, who was constitutionally bound to uphold the Indian Constitution and protect and promote further the country's sovereign interests, also became a party to the conspiracy hatched by Nehru and his Islamist friends in Kashmir.
Article 35A virtually gave a sovereign statusto J&K in the sense that it empowered the state government to grant or to not grant citizenship rights to an individual or a group of individuals not residents of J&K before May 14, 1944, despite the fact that J&K acceded to Bharat on October 26, 1947; that J&K was a princely state and that India had notattained freedom from the UK. That the Nehru Government applied this obnoxious Article to J&K with retrospective effect to a state which was not then constitutionally a part of the political and constitutional organization of Bharat must make all its well-wishers and friends sit up and expose in one voice what the Nehru Government did to the nation to please the votaries of the two-nation theory.
Article 35A not only empowered J&K Government to deny citizenship rights to non-residents of the state but also barred them from owning immovable property anywhere in the state and getting jobs in the government and semi-government establishments of the state. The fact of the matter is that it declared all Indians, other than residents of J&K, a persona-non-grata in the state.
That even the President of India, first citizen of the country, and the Prime Minister, the chief executive head of the country, cannot buy even an inch of land in J&K speaks for itself and establishes that J&K is an integral part of India only in name.
Why must the Supreme Court of India on January 19 declare Article 35A illegal and unconstitutional rejecting outright the suggestion of the J&K Government that hearing on it should be deferred as J&K is under the President's Rule?
It must declare Article 35A null and void for at least 8 reasons.
1. It violates the basic structure of the Indian Constitution and it is also not consistent with Articles 14 and 16, which talk about equal rights to all Indians, without any exception, across Bharat;
2. It was applied to J&K on May 14, 1954, without invoking Article 368 of the Indian Constitution and bypassing the Parliament, the supreme law-making body in the country;
3. It makes unjust, humiliating and invidious distinctions between the people of J&K and the rest of the Indians;
4. It empowers the people of Kashmir to exercise all rights all over India, including the right to acquire immovable property, set up business houses, acquire jobs and get the education, but denies the same rights to all other Indians;
5. It denies the women of the state their natural right to marry persons anywhere in the country in the sense that children of the daughters of the state married outside J&K with non-J&K residents cannot even inherit their own mothers' properties located in J&K, cannot seek admission in the J&K Government-run and aided educational institutions in the state and cannot get jobs in the government and semi-government establishments in the state;
6. It denies all citizenship rights, including the right to immovable property, education, job, vote and a bank loan, to nearly two lakh Hindu-Sikh refugees from Pakistan living in Jammu since their migration in 1947-1948;
7. It denies all citizenship rights to the 1000s of members of the poor Valmiki Samajliving in Jammu since 1959 and entitles them only to the jobs of sweeper; and
8. Article 35A, along with Article 370 of the Indian Constitution under which the solitary State of J&K enjoys a special status, have a separate constitution and separate flagand exercises residuary powers, has only promoted politics of separatism, based on religious fanaticism, in Kashmir and helped Islamists convert Kashmir into 100%Muslim and change Ladakh's and Jammu's demography to the extent that their very identity and personality is under grave threat.
It may appear unbelievable, but it is a fact that Kashmiri Muslim rulers have granted citizenship rights to thousands of Muslims from China and Tibet in the Valley. In 1952, the then J&K Wazir-e-Azam Sheikh Abdullah granted citizenship rights to many Uyghur Muslims from the Xinjiang province of China and settled them in Srinagar's Jamia Masjid area. Uyghur Muslims had migrated to Kashmir to escape the wrath of Communist China. Similarly, in 1959, Sheikh Abdullah's successor, Bakshi Ghulam Mohammad, granted citizenship to many Tibetan Muslims. He, like his predecessor, also settled his co-religionists in the same area.
The denial of citizenship rights to Hindu-Sikh refugees from Pakistan and members of the Valmiki Samaj and grant of citizenship to Uyghur Muslims and Tibetan Muslims only indicate the nature of the communal outlook of the Kashmiri Muslim rulers. It's a matter of regret that New Delhi did nothing whatsoever during all these years to get Article 35A repealed to establish parity between the people of J&K and the rest of the country. Worse still, our law-makers in the Parliament allowed the unconstitutional Article 35A to play havoc with the nation for so many decades for reasons best known to them. The nation had pinned faith in the BJP given the fact that it all along talked about "one nation and one law" and advocated the need for complete integration of J&K into India, but it also failed. Its stand on the issue in the Supreme Court has been utterly uninspiring. The truth is that the BJP Government has not filed any affidavit till date in the apex court indicating its stand on Article 35A.
The Supreme Court would do well to rise to the occasion and interpret the Preamble of the Indian Constitution and Articles 14 and 16 of the Constitution as they are and strike downnot just illegal, unconstitutional and divisive Article 35A, but also Article 370. It has to because it is its fundamental duty to protect the basic structure of the constitution.
  Share This News with Your Friends on Social Network  
  Comment on this Story  
 
 
 
Early Times Android App
STOCK UPDATE
  
BSE Sensex
NSE Nifty
 
CRICKET UPDATE
 
 
 
 
 
 
 
 
   
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
 
 
J&K RELATED WEBSITES
J&K Govt. Official website
Jammu Kashmir Tourism
JKTDC
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
UTILITY
Train Enquiry
IRCTC
Matavaishnodevi
BSNL
Jammu Kashmir Bank
State Bank of India
PUBLIC INTEREST
Passport Department
Income Tax Department
JK CAMPA
JK GAD
IT Education
Web Site Design Services
EDUCATION
Jammu University
Jammu University Results
JKBOSE
Kashmir University
IGNOU Jammu Center
SMVDU