Article 35 A of the Indian Constitution was issued on 14th May 1954 by the then President of India Dr. Rajendra Prasad. It gave Jammu and Kashmir’s legislature the right to decide as to who will get permanent residency in the state. It also provided special privileges to its permanent residents. The article barred outsiders to purchase property in J&K. It also barred them from acquiring government jobs in the state. The article was scrapped on 5th August 2019. All the special privileges of the article have thus been annulled.
Long and Short Essay on Article 35A
Essay 1 (250 Words)
Article 35 A, that was adopted back in 1954, has come into the limelight recently after its annulment. The residents of the Indian state of Jammu and Kashmir enjoyed many special rights under this article. Its sudden revocation has created an atmosphere of tension in the state. While a large chunk of the general public residing in different parts of India and leaders belonging to different political parties have appreciated this move others are skeptic about it yet others have condemned it completely. Our neighboring countries have also shared their opinion on the same.
Law Passed by Maharaja Hari Singh
Hari Singh, the former Maharaja of Kashmir, had passed a law similar to Article 35 A in the year 1927. It is said that it was the Kashmiri Hindus who recommended this. Singh made this decision to restrict the rights of people from Punjab entering the state of J&K.
Pakistan’s Reaction on the Revocation of Article 35 A
Pakistan has strongly condemned the decision of the Indian government to abrogate Article 35A and Article 370. Pakistan’s Ministry of Foreign Affairs issued a statement expressing its discontentment over the move, calling it illegal. Pakistan has also said that it will look for all options to counter this step. It cited that Jammu and Kashmir have been recognized as disputed territory by the United Nation and that the Indian government cannot take any such step unilaterally. Pakistan’s Foreign Minister, Shah Mehmood Qureshi went on to say that this decision has resurrected the Kashmir issue.
China’s Reaction on the Revocation of Article 35 A
China has shown concern over the Indian government’s decision to revoke Article 35 A. It has also opposed the step to turn Ladakh into a Union Territory. Reacting to the same, the Modi government has reminded China of its own internal issues. It has further mentioned that India does not interfere in the internal issues of other countries and expects the same from others.
While the neighboring country’s reactions to the revocation of Article 35A and Article 370 have not been pleasant, the majority of the Indian population is hopeful that this would bring about a positive change in the state as well as the country as a whole.
Essay 2 (400 Words)
Article 35A of the Indian Constitution was issued seven years after India attained independence from the British rule. With this, the legislature of Jammu and Kashmir received the power to define the permanent residents of the state and thus began the discrimination among the people residing in this princely state. The special privileges given to the permanent residents of Kashmir stand ineffective now as Article 35 A has been scrapped. The decision is said to have been taken to improve the economic, social and political conditions in the state.
What is Article 35A?
Here is a detailed look at what Article 35 A of the Indian Constitution is all about:
- This article was adopted as a result of a presidential order. Parliament’s review wasn’t done before adding it to the constitution.
- Following the issuance of Article 35 A and Article 370, J&K formed its own constitution. The J&K constitution was adopted on 17th November 1956. It came into effect on 26th January 1957.
- As per the new constitutional law:
- Only those who lived in J&K in 1954 when Article 35 A was issued or lived there for 10 consecutive years after that and lawfully bought a property in the state attained its permanent residency.
- Only the permanent residents of J&K were entitled to government jobs in the state.
- Only the permanent residents of J&K were given admission in professional colleges run by the state government and only they were entitled to scholarships in educational institutions run by the state.
- Those belonging to other parts of the country could not purchase property in the state. The reason given for the same was that it could bring about major changes in the demographics of the state.
- The right to own property was denied to women who married non-residents. However, this clause was altered by court order in the year 2002. Those who were residents of the state got a certificate as proof of their permanent residency.
The permanent residents of J&K who had been enjoying special rights under Article 35 A have expressed anger and discontentment over the decision to abrogate the article. The news has caused a lot of commotion in the country particularly in the J&K region.
Since the Modi government took all the measures to ensure peace in the country following the announcement of the abrogation of Article 370 and Article 35A, there hasn’t been any report of physical violence anywhere. However, the decision is being criticized by many political parties in India as well as by our neighboring country, Pakistan. This has created a situation of tension in the country.
Essay 3 (500 Words)
Article 35 A, that was issued by former Indian President, Dr. Rajendra Prasad, back in 1954 was revoked on 5th August 2019. The article granted special rights to the legislature of Jammu and Kashmir. This has been a major event in the history of the Indian Constitution and has received mixed reactions from the general public as well as political parties across India. While many believe that it is a great move to improve the condition of the state others have condemned it outright.
Here is a look at the political parties that are in favor of revocation of Article 35 A and those that are against it.
Political Parties in Favour of Article 35 A Revocation
Many political parties came forward to support the decision of abrogating Article 35 A. Aam Aadmi Party, Shiv Sena, Shiromani Akali Dal, Biju Janata Dal and Bahujan Samaj Party were among those who appreciated this move by the BJP government. These parties believe that this was a much-awaited change and that it would improve the condition of J&K.
Political Parties Against Article 35 A Revocation
Several political parties have shown discontentment over the revocation of Article 35 A. They have called it inappropriate and unjust. Many leaders from the Congress party expressed shock at this decision. They are openly criticizing the Modi government for this move. Other parties that are against it include Janata Dal (United), National Conference, DMK, People’s Democratic Party, Rashtriya Janta Dal, and Trinamool Congress among others. Many leaders from these parties have expressed their anger and fear over the same. As per them, this may lead to major issues in the state that may impact the entire country.
Situation in Kashmir
The announcement of the revocation of Article 370 and Article 35A was seen as a historic step. It will undoubtedly bring about a major change in J&K. While everyone in India, as well as the neighboring countries, was abuzz about the changes it will bring about, the people who were to be impacted the most by this decision had no clue about what was coming.
As a precautionary measure, the government of India had shut down all the phone lines and internet services in Kashmir Valley ahead of the announcement. Curfew was imposed in many parts of the state. This is because shutting down services and imposing curfew makes it difficult for people to organize protests. The Kashmiris only knew that something major was on cards but had not imagined it to be this big.
Prominent political leaders of Kashmir including Former Chief Ministers Omar Abdullah and Mehbooba Mufti were arrested as the bill for revocation of Article 370 and 35 A and the bifurcation of the state was passed in the Rajya Sabha on 5th August 2019. All this was done so as to bar any kind of violence in the state.
Like every coin has two sides, every decision comes with its own set of pros and cons. While on one hand, revocation of Article 35 A is being seen as an opportunity for J&K to grow and prosper, on the other, it has created an atmosphere of tension across the country as those against the decision have been enraged.
Essay 4 (600 Words)
Article 35A was implemented in the state of Jammu and Kashmir through the Constitution Order, 1954. The then President of India, Rajendra Prasad issued the order under Article 370. It was done on the advice of Pandit Jawaharlal Nehru. The permanent residents of J&K enjoyed special privileges under this article. The enforcement of this article in the state was often questioned but none of the governments in power took any concrete step against it. The abrogation of this article was on BJP’s agenda for decades and it has finally been done. The sudden scrapping of this article has raised many eyebrows.
Here is a look at the pros and cons of scrapping Article 35 A:
Advantages of Scrapping Article 35 A
The arguments given in favor of scrapping Article 35 A are as follows:
- Economic Prosperity
The scrapping of Article 35 A will ensure economic prosperity in the state of J&K. Industrialists and professionals from other parts of the country will be encouraged to establish their businesses in the state. This will not only give more employment opportunities to the locals but will also help in the development of the area.
- Better Educational Prospects
Many skilled and educated teachers in J&K are denied jobs in government schools and colleges just because they are not permanent residents of the state. A lot of talent is thus being wasted. The scrapping of the article will open the doors of opportunity for them. Teachers from various parts of the country will be able to apply for jobs in government schools and colleges in the state. This will bring more talent to the place. Students will get a better education.
Besides, meritorious students in J&K are denied scholarships in state-run educational institutions on the basis that they do not possess a permanent residency. The abrogation of 35 A will give equal opportunity to all the students.
- Better Leadership
The law and order situation in J&K has often hit the headlines. The state has experienced numerous terrorist attacks. Kashmir is particularly prone to these attacks. The scrapping of article 35A will allow learned and experienced non-permanent residents of the state as well as eligible candidates from other parts of the country to contest elections in J&K. This may bring in better jurisdiction and likely improve the law and order in the state.
- Improvement in the Medical Services
J&K medical facilities largely rely on local practitioners. Thus, the medical services offered here (especially in the Kashmir Valley) are not very good. The scrapping of 35 A is expected to improve medical services in J&K as knowledgeable and experienced professionals who are nonpermanent residents of J&K will also be able to get jobs in government hospitals and clinics in the state. Also, those from other parts of the country will also be allowed to serve there. Skilled serving hands will thus increase.
Non-permanent residents in J&K are often seen as second-class citizens. They aren’t treated well. There is often a rift/ cold war between the permanent residents and non-permanent residents of the state. The abrogation of 35 A is likely to ensure equality among the citizens. This will help build a better atmosphere.
While many political parties have criticized this decision because it is unilateral in nature, it seems like the people of J&K are finally going to see better days ahead. A lot of opportunities are likely to open for them following this decision. The law and order situation of J&K should also improve as the center will have control over all the major decisions in the state. We are hopeful that the scrapping of Article 35 A will bring peace and prosperity to J&K.