The Kashmir Valley has been witnessing a shutdown for the last couple of days since the Supreme Court took up a string of petitions challenging the Constitutional validity of Article 35 A which prevents outsiders from owning property in Jammu and Kashmir. The issue has brought together people from across a wide spectrum in J&K. From separatists to mainstream political parties, trade unions, state government employees, business associations, civil society groups and lawyers — almost everyone is speaking in one voice. They are out to defend this constitutional provision, which has been defining the identity of a state subject. Various organisations threatened massive protests and long-drawn agitations if the Article is tinkered with. 

Article 35A is a provision, which was incorporated in the Constitution of India in 1954. This Article was added to Article 370 by a presidential order. This provision gives the Jammu and Kashmir Legislature powers to decide the definition of ‘permanent residents’ of the state, who have rights on acquisition of property in the state, public sector jobs, scholarships and other public aid and welfare schemes.  Thus, this Article helps the state distinguish between permanent and non-permanent residents in relation to owning immovable property, settlement in the state, and employment etc. As per this provision, no act of legislature formed under this Article can be challenged for violating the Constitution.

Even though the hearing over Article 35A has started in the Supreme Court on Monday it adjourned the hearing. A bench comprising Chief Justice Dipak Misra and Justice A M Khanwilkar said the matter has to be heard by a three-judge bench and Justice D Y Chandrachud, who is also a part of the bench, was not present. The apex court has now listed the matter for hearing in the week commencing August 27. Tension over the hearing became palpable on the ground in Kashmir almost a week ago. People, irrespective of their particular ideologies, have rallied behind the call given by the separatists on this issue. It seems to be another dangerous game in Kashmir.

 

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Kenter Joya Riba

(Managing Editor)
      She is a graduate in Science with post graduation in Sociology from University of Pune. She has been in the media industry for nearly a decade. Before turning to print business, she has been associated with radio and television.
Email: kenterjoyaz@easternsentinel.in / editoreasternsentinel@gmail.com
Phone: 0360-2212313

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