Monday, 30 October 2017


Supreme Court to take up Article 35A: All you want to know 



The Supreme Court will hear the case questioning the constitutional validity of Article 35A today. A bench comprising Chief Justice Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud will look into the four petitions that demand scrapping of Article 35A. The petitions were filed by NGO on grounds that politically contentious Article 35A was illegally added to the Constitution of India as the Article was never proposed before the Parliament. 


What is Article 35A?


The Article relates to special rights and privileges of the permanent residents of Jammu & Kashmir. Added to the Indian Constitution by a Presidential Order in 1954, the article empowers the state's legislature to frame laws without attracting a challenge on grounds of violating the Right to Equality of people from other states. 

Why has the article been challenged? 

The Article 35A restricts outsiders from acquiring land and other properties in Jammu & Kashmir. If the article is scrapped, outsiders can settle in the state and can acquire properties. Those who support Article 35A say this would lead to altering the demography of the state. 

Who's for and who's against ?

The Rashtriya Swayamsevak Sangh (RSS) and Bharatiya Janata Party (BJP) are opposed to Article 35A. The Kashmiri separatists, the ruling Peoples Democratic Party (PDP), the National Conference and the J&K government are among those against the scrapping of the Article 35A. Some separatist leaders have urged the people in the state to launch a mass agitation if the SC verdict goes against the article. The Union Government of India had decided not to support the stance of the J&K government .. 

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