आर्टिकल 35A क्या है ?

Information related to Section 35A (Information of Act 35A)

There was an agreement between Prime Minister Jawaharlal Nehru and Maharaja Hari Singh of Jammu and Kashmir to merge the state of Jammu and Kashmir with India. Under this, special rights were given to Jammu and Kashmir. After this, in the year 1952, an agreement named “Delhi Agreement” was signed between the then Prime Minister of Jammu and Kashmir Sheikh Abdullah and the Prime Minister of India Jawaharlal Nehru. In this agreement, Indian citizenship was given to the residents of Jammu and Kashmir. Only after this agreement, this famous law ‘Article 35A’ was made in the year 1954.

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When was Article 35A added to the Indian Constitution

On 14 May 1954, the then President, Dr. Rajendra Prasad, issued an order that led to the incorporation of a new Article 35A into the Constitution of India.

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What is Article 35A (Act 35A Kya Hai)

According to Article 35A, the Jammu and Kashmir Legislature has been given the right to determine who is a permanent resident of Jammu and Kashmir and who will be given special reservation in public sector jobs. Apart from this, under this article, the state government can decide who has the right to buy property within the state and who can vote, who should be given scholarships and other public assistance. The state government can change the law as per its wish, it cannot be challenged in any court.

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Special powers to Jammu and Kashmir as a state (J & Kashmir Special Powers As State)

Special rights were given to Jammu and Kashmir in Article 35A. According to this, refugees and other Indian citizens who came from other places at the time of independence cannot be forced to provide any facilities to the state government within the state.

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Why the demand to remove section 35A arose

This article was not implemented through the Parliament, hence it cannot be recognized. The second argument being given to remove it is that at the time of partition of the country, a large number of refugees came to India, lakhs of them are also living in the state of Jammu and Kashmir. Jammu and Kashmir government has refused to give permanent resident certificate of Jammu and Kashmir to all Indian citizens through Article 35A. Jammu and Kashmir government is discriminating against citizens under the cover of Article 35A.

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