Article 35A: UNIQUE EQUALITY OF A UNIQUE STATE
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Manishek Kumar Singh, Into legal world, Legal reporter, City academy law college
“Equality, equality everywhere but not a step to achieve” this quotation doesn’t belongs to someone very known or versatile this quotation gets its origin due to the circumstances which prevail in our country at present. The basic aim behind the quotation is that nowadays talking about equality is the most easy and at the same time the toughest topic to entertain, easy in the sense that anyone can talk about it and discuss about it from poor to Prime minister everyone and toughest in the sense that it is the most toughest work to achieve it. I think that’s why everyone only discuss it.
You may find this quotation in your surrounding in different language and in different wording for e.g “ Sabka Saath Sabka Vikaas”, “Bahujan Hitaye Bahujan Sukhaye” etc. these all have the same meaning and aim like the first one which is mentioned above but don’t dare to compare that one with these two as these two are very effective in their field but the former one is effective in this article only.
CAUSE OF THE ARTICLE:-
The very cause behind the article is to discuss the equality which our government shows the people as the main aim which they want to achieve in the country and for which they are making enormous efforts by discussing it on stage. There are various topics by which one can point out the lacuna in the government policy regarding equality but through this article I will only discuss about the Article 35-A.
- What is Article 35-A?
It is basically one more privilege to the most special and sensitive state of India that is Jammu Kashmir. Article 35-A empowers J&K legislature to define state’s “Permanent residents” and their special rights and privileges. In other word the article empowers constitutional power to discriminate within the state between permanent and temporary residents. It was added by the Constitutional Order 1954 in the constitution.
- Significance to J&K
If we talk about the significance of Article 35-A then it has great importance in our country in every field and particularly in politics. When the NGO we the citizens challenged 35A in SC in 2014 on grounds that it was not added to the constitution through amendment under article 368 and also it was never presented before the Parliament and came into effect immediately that is one of the reasons behind the debate on the topic.
In 1952 Delhi Agreement between Abdullah and Nehru, several provisions of the Constitution were extended to J&K via Presidential order in 1954. As a result Article 35-A was also included through which Permanent resident’s law prohibits non-permanent residents from permanent settlement in the state, acquiring immovable properties, government jobs, scholarships and aid.
- Discrimination to Women of the State
Firstly, there is discrimination only between the State of Jammu and Kashmir and the other 28 state but now the discrimination is within the state firstly between the Permanent Residents and the temporary one and secondly between the J&K women.
- It disqualified them from their state subject rights if they are wife of Non-Permanent residents then their child don’t have succession rights.
- Stand of Political Parties on the issue
As a result of the petition following consequences are seen in the peaceful environment of kashmir:
- Jammu and Kashmir Chief Minister Mehbooba Mufti met Political opponent Farooq Abdullah in order to deal with the situation and to extract the way to safeguard article 35A.
- On seeing the stand of Central government on it Mehbooba Mufti warned the central government by saying that the move could trigger an explosive situation I the state which would be of “far greater magnitude” than the 2008 Amarnath land row. This is the basic rule of Indian politics by making warnings and pre assuming the situation and the consequence as it is to be done by themselves.
- After watching the situation and in order to protect their government in J&K Hon’ble Home Minister of India Shree Rajnath Singh on his four day visit to J&K said that “The government did not initiate anything on this or go to court. I assure the government would never take any step which will hurt the sentiments of Kashmir peoples”. So this is the way how the Government achieve their goal of equality in all aspect by hearing and observing the sentiments of some people.
- What if the Article is scraped from constitution
Firstly it is an act of Impossible because government will not do anything regarding it as they have also their interest in the state and to secure own interest is the first and last aim of politics.
- According to lawyer Zaffer Shah, scraping of Article 35-A will result in the loss of special power and privileges including state subject law, right to property, right to employment and right to settlement enjoyed by the citizen of the states.
- According to Abdullah this is about the rights and survival of the people. That is why we need to be united to oppose the nefarious designs of the forces which are aginst the special position of Jammu Kashimir.
“Jamuriyat, kashmiriyat, insaniyat” that is democracy, people of Kashmir, humanity there was a time when Atal Bihari Vjaypaei used this doctrine in order to control and to maintain peace and order in valley and he was successful also in it so the need of the hour is to follow this doctrine as the non permanent members are also from the same state. Discriminating each other only on the basis of Citizenship of some years less or more is not humanity and also not democracy. If government is protecting the sentiments of people who don’t want the removal of this article then it is also the duty of government to think about the people sentiments who have to face problem due to this particular Article 35A.
Central government and the apex court must require scrapping out this particular article from the constitution as the provision of this article 35A is directly violating Equality amongst people and article 13 of Indian Constitution clearly states that any law which is inconsistent with the fundamental right should be removed from the constitution. Political parties are required to stop making fool of people by assuring that they will maintain equality. At last I will say that it is a very fact of nature that the thing which you care more will hurt you more.