The Supreme Court will hear on Monday whether the Article 35A has constitutional validity or not. In the case related to Article 35A, two petitions have been filed in the Supreme Court. One of these petitions was filed by ‘We the Citizens’ NGO. The second is filed by a person named Charu Wali Khanna.Charu Wali Khanna has challenged the Article 35A and its Section-6. Under this, the girl and her children marrying non-Kashmiri do not get the benefit of Article 35A. They also say that Article 370 and 35A have an open violation of the right to equality given in the Constitution. Due to these articles, a person outside the State of Jammu and Kashmir cannot buy property there, neither can he get a government job there nor he can take part in the local body elections.The petition has been sought to eliminate this article filed by NGO “We sit Citizens”.
On Other Hand, Separatist leaders have threatened that if the Supreme Court’s decision comes against Article 35A then there will be open rebellion in the valley and conditions like Palestine will be created. Syed Ali Shah Geelani, Mirwaiz Umar Farooq and Mohammad Yasin Malik have asked the people of Kashmir to be prepared for large scale protests against such a decision.Former Jammu and Kashmir Chief Minister Omar Abdullah on the issue of 35A was targeted BJP. He said that BJP is spreading propaganda by pointing out this issue as the battle of Jammu versus Kashmir. He said that if this article was terminated then people of other states would come to Kashmir and buy properties and get scholarships for their children, take relief material and also take government jobs. He said that the BJP needs to understand that the organizations that are raising the issue are playing with fire.
What is Article 370 and 35A?
Article 370 gives special status to Jammu and Kashmir, while 35A provides for Jammu Kashmir assembly to make it possible to define permanent residents in the state. .
On May 14, 1954, President Dr. Rajendra Prasad passed an order. Through this, the article was added to the Constitution. This was done by the people of Jammu and Kashmir in special status met through constitutioning.Under Article 35A and Article 370, citizens out of Jammu and Kashmir can not purchase land there. Under this section, no outsider can become a citizen of Jammu and Kashmir.Under this, if a girl of Jammu and Kashmir marries a non-Kashmiri boy, then all rights of her children arising out of this article are over.
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