Should Article 35A be abolished?

article 35a gd topic

Theme :-

  • On 6th August 2018, Supreme court will hear a bunch of petitions challenging the validity of Article 35A. This resulted in widespread protests and debates in Jammu & Kashmir.

What is Article 35A :-

  • This article defines permanent residents of Jammu & Kashmir state and grants special benefits and rights to the permanent residents.
  • As per Article 35A, only permanent residents of J&K have right to own property, to try for government jobs, scholarships and other benefits. It denies these rights to non-residents.

In Favor of abolition :-

  • This is against to the fundamental right to equality that was granted to Indian citizens under article 14 of Indian constitution, because if a boy from J & K marries a girl of another state, he will not lose his property. But if a girl does the same, she will lose the property. There is a also a restriction that people belonging to SC & ST communities will have to continue their caste occupations to have ownership rights of their properties, which is very regressive.
  • Due to restrictions on ownership rights, people of other states are not investing in manufacturing sector affecting the pace of development.
  • There was no debate in parliament on this article, when it was added in the constitution. It was directly added in the constitution as per the orders of the then President Dr.Rajendra Prasad in 1954.
  • There is a need for good doctors and other professionals in J&K, but Article 35A is restricting people to serve and settle there.

Against to abolition:-

  • Article 370 of Indian constitution provides special autonomous status to J&K (It was a temporary provision). Scrapping Article 35A is against to the autonomous status of the state.
  • If this article is abolished, influx of migrants will cause stress on resources.
  • People of J&K have a fear that the unemployment problem will become much more severe if Article 35A is abolished.
  • At present, J&K is a Muslim-majority state. Some people fear that if Article 35A is scrapped, mass influx of migrants will make Muslims a minority in the state.

Conclusion :-

Article 35A is a sensitive issue. It is leading to separatist politics. A balanced approach is needed to resolve this matter. Either completely scrapping the article or keeping it as it is may not stop the protests and problems. Addressing the fears of people and making alternate provisions in the place of the Article 35A may help in solving the issue.

 

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9 comments

  1. it is a good topic for discussion as article 35a is just restricting the pace of development in jammu and kashmir. Is it more preferable to give autonomous status on the cost of development?. Education ,employment ,medical facilities are more important . Today j&k is lagging behind. It is far from the main stream and that is also a reason for terrorist activities . Separatist at that places do not want people at that places got higher education and medical facilities that’s why they are protesting the removal of article 35a . yes , its a serious concern that the natural beauty of the state or resources of the state will be harnessed to its maximum . But proper alternative and awareness can mitigate the effect of this change.

  2. I think it is a sensetive issue but this is against basic human rights like no other state people can buy land in jammu & kashmir , if kashimi girls marry with other state guy then she lose her proerty. Because of this article terrorism increases in kashmir and kashmiri people are not living peacefull life.

  3. Article 35A is a unambiguous blot to the right to equality, granted in article 14 of the indian constitution. It creates classification of citizens and labels non-resident as a secondary citizen. It also debars non-residents from contesting elections and alienate citizens on the basis of residence despite being integral part of India. It should should be abrogated as it vigorously violates fundamental structure of the constitution and its sovereignty.

    1. I am agree with you but the article about which you are talking article 14 of Indian constitution it is of Indian Constitution part but there is different constitution for J and K I also support the 35 a must be abolished, but we have to aware the people of J and K that article 35 a is a hurdle for the development of J and K any country any state might not be developed until it’s looked why the classes of religion maturity on minority

  4. I think article 35a is violating the rights of sovereign India. I people of j k have right to settle in other states then why people of other states don’t have the right to settle in j k. Moreover it also limited the development resources of j k. It restricted professionals of other states to come and provide their services in JK. That’s why students and patients of JK needs to go out of states for this.

  5. The only people who are against the abrogation of 35A are the political stakeholders and separatists who want Kashmir to themselves. They don’t wish for the welfare of the state and only greedy of money and power. If we can hear the actual voice of youth and sensible citizens there , all they what is peace and development. If we can get par from the political influence and power and abrogate 35A and let industrialization take place , it will reduce the problem of unemployment and also attract investments from outside.

  6. According to me Aritle 35A should not be abolished because of J &K state there is always trouble , controversy and terrorism, close to the bordering area, if Article 35A abolished then increase influx of outsiders . They will get married to the Kashmiri women and will get right of permanent resident then problem will create more. Kashmiri people can get married outsiders woman then there is no problem .If outsiders people stay permanently after married a Kashmiri woman they make plan of terrorism and involve in the terrorist organisation then this is very dangerous.Yes I admit professional and doctors and other Qualified personnel are getting less J & K but Govt. has to create more vacancy in the particular state then work purpose they will go but after their tenure they will come back , they will not get permanent residency.

    1. Not agreed with you dear…..can u imagine if any state restricted the entry of J& K ppls .
      India is a free country……everyone has right to moove anywhere and stay there.

  7. I think any decision should be made by taking the consideration of every stake holders because the very constitution of Jammu and kashmir says that it is integral part of India. The article needs to be diluted but slowly with the time, because complete dilution will cause chaos in the state which may not be good for the country.

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