What is Article 35A ? Recently, there was a big uproar over Article 35A all over India. There was a lot of discussion in both houses on changing this bill or removing it completely. At the same time, on August 5 2019 , Article 35A was completely removed from our Constitution. At the same time, in passing this bill, there was a huge contribution of all the politicians who agreed to pass it.
If seen, Article 35A is not only the Indian Constitution but also the biggest fraud with the people of Kashmir. At the same time, you can also have another opinion on this matter. So the simple answer is that for a time, what is this section 35A Kashmir was also right in its place, only then it was brought. But after its usefulness ended, it should have been removed again, which had never happened till today.
Everyone had to know about Article 35A, for which we were getting many messages and emails. Therefore, we thought that why would you people know what is Article 35A and why it was removed today in this article. If you have any doubt in your mind then you can ask us your questions in the comment below. So let’s start without delay.
What is Article 35A ?
Article 35A gives Jammu Kashmir the status of being a special state. Section 35A or Article 35A is a provision which was introduced later in the Constitution. Under this, it gives the Jammu and Kashmir Legislative Assembly an open right to determine who are the permanent residents of the state and what special rights and privileges are to be given to them themselves.
If we talk about the areas where these rights and privileges are applicable – public sector jobs, building property in the state, taking scholarships, availing food subsidies and welfare programs.
At the same time, one of its major aspects is that only permanent residents of this state can take advantage of all these rights. Since there is already this provision in this article, any action taken by the Legislative Assembly will not be considered a violation of the Constitution or any law of the country. This article is really amazing, which gives them so much power.
Article 35A information
Let us now consider all the important things of article 35A that we must know.
1. Who can be a permanent citizen of Jammu and Kashmir : He is a person who has been a citizen of the state since 14 May 1954 or has been living in the state for 10 years before that, therewith he has made any kind of there Has acquired property of
2. Apart from this, a resident of any other state of India cannot become a permanent resident of Jammu and Kashmir. For this reason, no one else can vote here in their election here.
3. Only permanent residents of this state can buy and sell land in the state. The state does not grant permission to any non-Kashmiri person to buy land in Kashmir.
4. There is a lot of rule on simplifying here too. Just as if a girl from Jammu and Kashmir marries a boy from outside state, then all her rights end, while her children’s rights also end with her. Meaning that they are forced to marry a boy of their state otherwise their citizenship will be lost.
But at the same time, if that girl settles with a boy in Pakistan, then her Zohar gets Indian citizenship on her own, there is no change in the citizenship of the girl.
5. If the state government changes a law on its own here, it cannot be challenged in any court.
6. No outsider cannot open his organization here. This is the reason that till date there has not been much progress in Jammu and Kashmir.
7. Section 356 cannot be imposed in the state under this article.
8. If there is an emergency situation in the whole country, but this emergency can not be applied here.
9. Under this article 35a , all citizens have dual citizenship. At the same time, a national flag of his own is mehjud.
10. Any rule declared by Supreme Court (Supreme Court) does not apply to Jammu and Kashmir.
11. Even insult done by the people of this state will not be considered a crime against national symbols.
When was Article 35A implemented and by whom?
Article 35A was introduced on 14 May 1954 , this article was introduced by the first President of India, Dr. Rajendra Prasad . This article was started only after consulting Pandit Jawaharlal Nehru .
What is Article 35A – Definition of Article 35A in Hindi
This article empowers the Legislative Assembly of Jammu and Kashmir to decide the definition of permanent citizen. This article was enacted in the state on 14 May 1954 . This article is not found in the books of the constitution because it was passed only in the House without the President’s signature.
Actually Section 35A used the power obtained under Section 370 by the then government to implement this article .
Why was Article 35A so controversial?
Let us now know why Article 35A was so much disputed.
1. Section 35A was adverse to the unity of India because it created a class within a class within Indian citizens.
2. These prevent temporary citizens of the state of Jammu and Kashmir from doing many things within the state, such as to prevent livelihood and purchase of property. Not only this, this section violated the fundamental rights given in Sections 14, 19 and 21 of the Indian Constitution.
3. This section used to treat the temporary citizens of the state in a different way.
3. Due to this section, temporary residents of the state could not participate in any election.
4. The children of temporary citizens did not get scholarship, while for this they could not take refuge in any court.
5. Temporary citizens were prohibited from doing government jobs there, while their salaries were also fixed by the state government.
4. At the same time, no rules of the Supreme Court could be implemented here.
4. Hindu families settled in Jammu in 1947 were still refugees.
4. These refugees cannot get government jobs, cannot enroll in any government educational institute, while they were not given voting rights in any type of election .
Due to this type of rule, the general public had to suffer a lot. Most of these gains were received by the political people here, while the general public would remain deprived of them.
How did Article 35A enter the Constitution?
Let us now know how Article 35A was included in the Constitution.
1. Section 35A was entered into the Constitution in 1954 on the advice of the Union Cabinet by order of the then President Rajendra Prasad.
This order was called the Constitution (Enforcement in Jammu and Kashmir) Order, 1954.
2. This order was based on the Delhi Agreement signed between Nehru and Jazir Azam Sheikh Abdullah of Jammu and Kashmir in 1952. The citizens of Jammu and Kashmir were declared as Indian citizens by the Delhi Agreement.
3. The order given by the President was issued under Section 370 (1) (d) of the Constitution . It is known that this section empowers the President that he can make certain exceptions and reforms in the constitution for the benefit of the subjects of Jammu and Kashmir. Which was done yesterday (5 august 2019).
Who is a citizen of Jammu and Kashmir?
Jammu and Kashmir has its own constitution which was made in 1956. It is mentioned in that constitution that a citizen of Jammu and Kashmir is the same
i) was a citizen of Jammu and Kashmir on 14 May 1954 or
ii) had been living in J&K after acquiring property for 10 years before that.
Benefits of being a citizen
Those who are citizens, the government –
- Can give special rights in government job.
- Can give the right to buy property in the state.
- Can provide scholarships and other welfare benefits.
Loss of not being a citizen
Those who are not citizens i.e. refugees, they
- Can not buy your property in the state.
- Cannot vote in Vidhan Sabha.
- Can not stand in election.
- Can not get a government job.
When was Article 35A finished?
On Monday , August 5, 2019 , the Modi government took a very big decision regarding Article 35A. Under which the Modi government decided to abolish Article 35a completely, according to this decision, no separate law will be imposed on Jammu and Kashmir.
A big decision regarding Article 35A….
Rather, the law that is implemented in India, the same law will be applied in Jammu and Kashmir as well. It will no longer be given the power to be a special state, which was provided earlier.
As a result, the changes mentioned below will be seen.
1. Now Jammu Kashmir will no longer be a state, rather it has been divided into two parts. Now Ladakh has been separated from Jammu and Kashmir. Now Ladakh has been declared as a separate assembly.
2. The government has proposed a bifurcation in two Union Territories of Jammu and Kashmir State – Jammu and Kashmir Division and Ladakh. Union Home Minister Amit Shah said that there will be no legislature in Ladakh like Chandigarh. Whereas other union territories of Jammu and Kashmir will have legislatures like Delhi and Ponducherry.
3. Now more investment can be made in Jammu and Kashmir. Due to which employment will increase here, this place will also progress.
4. Not only this, but there will be more industry possibilities, more private educational institutions can be built, more jobs will be created which will also generate more revenue.
5. The end of this article ends special status for Kashmir, which was brought to India in 1947 due to controversies.
6. Now any Indian can buy and sell land in Jammu and Kashmir.
7. Not only this, now anyone can marry a girl from Jammu and Kashmir. At the same time, the girls here can also do plain with the boy of any other state.
8. Now here his own flag has been removed and only the tricolor is the only flag for everyone.
9. Insult to any national emblem will be brought under the category of law.
10. Now this place will not be limited only by President’s rule, but Prime Minister’s rule will also be implemented here.
In truth, for the last 72 years, which no government has been able to do till date, today this historic step has been taken by the Modi Government, which will be described in golden letters in the pages of history.
Now with the removal of this article, again a very beautiful part which was different from the country, today it has joined India again.
As soon as this article is repealed, there is an atmosphere of cheerfulness among the citizens of India. Not only this, the people of Jammu and Kashmir have also got great relief from this decision.
Where previously they used to live a buried life, they have now become completely independent. Together they can take advantage of all the fundamental rights just like other statesmen. For the citizens of Jammu and Kashmir, this is freedom in the right places, which they have fully got on 5 August 2019.
what did you learn today
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