Kashmir shut down over Article 35A

Patrice Gainsbourg
Agosto 13, 2017

Taking a jibe at Jammu and Kashmir Chief Minister Mehbooba Mufti, former CM of the state Omar Abdullah on Friday said that whatever Mufti had said on the special status of the state is "immaterial".

Jammu and Kashmir BJP spokesperson Prof Virender Gupta spoke to DNA's Manan Kumar about the ongoing controversy on Article 35 (A) and 370.

Moreover, the Article 370 is part of the original constitution, and hence, the Article 35A also flows from it. Jammu and Kashmir National Panthers Party chairperson Harsh Dev Singh described Article 35A as unconstitutional.

The Kashmir and Chenab Valleys on Saturday observed a shutdown over the issue of Article 35A.

The NC said the BJP is using the people of Hindu-majority Jammu region of the state as a pawn in its national politics.

A fresh debate over the continuation of the article has been generated after a Delhi-based NGO recently challenged its validity in the Supreme Court. "So the message that Jammu and Kashmir is the crown of India should be reiterated".

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He said the defense of the attorney general and the state in the Supreme Court on the issue was "weak" to pave the way for abrogation of the constitutional provision. Following this agreement, the term "state subject" was replaced by "Permanent Residents", and the President of India in consultation with the state government issued the constitution order of 1954 and Article 35A was incorporated. Chief Minister Mehbooba Mufti said that there is an improvement in the situation in Jammu and Kashmir.

She said Idea of India has to accommodate idea of Jammu & Kashmir. The autonomy resolution passed by the J&K assembly in 2000, which asks for restoration of the 1953 position, also recommends that the word "temporary" be omitted so Article 370 becomes a permanent feature of the Constitution of India.

She further said the basis of her PDP's alliance with the BJP is that the "status quo of 370 has to be maintained". "Constitution of India and Constitution of Jammu and Kashmir govern our living and existence but we have been vested with certain rights and we will protect those rights".

Professor Hari Om, a historian and social activist, said, "It is an atrocious article that creates a high wall between people of J&K and the rest of India". It also chose to appeal to the legal luminaries of occupied Kashmir to rise to the occasion and fight the case in Indian Supreme Court and engage the services of competent lawyers if necessary.

Abdullah had told her that she should meet the prime minister, all important central ministers and also the BJP leadership to convince the Sangh Parivar against striking down the constitutional provision.

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