Will Kashmir Issue resolve? Why 35A is on fire? All you need to know is here.

Modi government has always been coming up with surprises since 2014. And when the president of BJP, Amit Shah, is itself the Home Minister of India, it's no wonder why Kashmir issue is on the top. The bureaucrats, politicians, anti-parties and the whole Kashmir have got their eyes open after a long nap. They are so active that fire can be seen from a distance.

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Now Amit Shah seemingly ordered to send 10,000 Army personnel for 'counter-insurgency' and to maintain law and order in the valley. This might be the beginning of possible scraping of the Article 35-A.
Kashmir based politicians, PDP chief Mehbooba Mufti, 'Tukde Gangs' etc. are criticizing this move of GOI, flooding twitter and social media about its possible effects. The rumors shot by bureaucrats for a long haul of uncertainty are further adding the fuel.

What is Article 35-A?

Article 35-A is a provision added in the COI that gives special rights and privileges in Public Sector jobs, accession of property, public aids etc. to the 'Permanent Residents' of J&K.

History

Article 35-A was added in the COI in 1954 on the order of the then president of India, Dr. Rajendra Prasad during Nehru government. This order was issued under Article 370[a][d] of the COI.
Under this Provision, President can modify the Constitution of India for the sake of public benefits and welfare.

But What's the problem???

The way Article 35-A came up was the major issue. Because Article 368[i] of COI allows only parliament to amend the constitution but Nehru government skipped the discussion in the Parliament.

So, did the then president acted outside his jurisdiction?

Is Article 35-A void?

Can the president ADD a new Article without informing Parliament about it is still debated.

'We The Citizens' filed a writ petition challenging both articles 35-A and 370. The petition said the Article35-A is against the 'spirit of oneness of India'. Restricting citizens from other state to buy properties and get employment is the violation of fundamental rights.

A native of J&K filled another petition challenging the rights of permanent women residents of J&K. If they marry men from other states their children will no longer get permanent resident certificate of J&K.

Some are surprised, some are panic, some are busy spreading rumors, some in spying and the most important , the news channels are in a hurry to fuel their TRP.

What do you think about Article 35-A. Is it really beneficial or what? Comment below.

Comments

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