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| Official support to Article 35-A will destroy BJP across India | | Questioning J&K accession | | Early Times Report
JAMMU, Nov 4: The BJP, which is part of the State Government and ruling the nation, will be in serious trouble across the country, in case the J&K Government extends its support to Article 35-A of the Indian Constitution.
Article 35-A was made part of Schedule I of the Indian Constitution in a mischievous manner in May 1954 and was made applicable to the solitary State of J&K on May 14, 1954.
The Nehru Government didn't take the Indian Parliament into confidence and he conspired against the nation and people of J&K, especially refugees from Pakistan and daughters of the State, to appease J&K Wazir-e-Azam Bakshi Ghulam Mohammad and the communal constituency in the Valley.
Article-35 A provides that a person will be treated as a "Permanent Resident of J&K" only in accordance with the laws which were already in existence in the State before May 14, 1954. To be more exact, it says that a person who didn't qualify to become a Permanent Resident of the State under laws as were applicable in the State before May 14, 1954 can't be given the status of Permanent Resident of the State.
Article 35-A also says that the Permanent Residents will continue to enjoy Special Rights and Privileges in the matter of (1) Employment under the State (2) Acquisition of immovable property in the State (3) Settlement in the State (4) Scholarship and aid as the State Government may provide.
Article 35-A not only adversely impact the status of refugees from West Pakistan and children of the daughters of the State married outside the State to non-State subjects but also bars all other Indians from exercising any citizenship right in the State which is available to the "Permanent Residents" of the State. In other words, it considers all Indians foreigners.
That's the reason the NC, the Congress, the CPI-M, Kashmiri separatists of all hues, all civil society groups in the Valley as well as fraternity of lawyers and the entire class of Kashmiri commentators, opinion-makers and columnists have joined hands against the "We the Citizens", a Delhi-based NGO, reportedly associated with the RSS, which has approached the Supreme Court to get Article 35-A declared as unconstitutional and null and void. The case is pending before the apex court since August last.
The apex court on Tuesday gave a final opportunity to the State Government to file its response latest by December 3, failing which it would give ex-party decision.
Significantly, the State Government had, according to reliable sources, "prepared a draft for the consideration of the Supreme Court, but didn't submit the same reportedly under pressure from the BJP". Reports suggest that the State Government draft, among other controversial objections, says that Article 35-A cannot be repealed because it is part of the basic structure of the constitution. A report in this regard says, "in the draft objections, which did not reach the Supreme Court today, the J&K Government had sought the dismissal of the petition challenging Article 35-A on various grounds and stated that 'accession' of J&K to India was 'limited in scope' and not absolute".
If what was reported on the issue was correct and if the State Government tells the Supreme Court that the accession of J&K with India was limited in approach, then the BJP will be in a difficult position not only in the State but across the country. The stand of the BJP till date has been that the accession of the State with India is full, final, absolute and non-negotiable. The moment the State Government tells the Supreme Court that the accession is conditional and limited, the BJP, nay the entire Sangh Parivar, will lose its face in the country. The nation will not forgive it like it didn't forgive the Congress, which created mess in the State under the garb of secularism. |
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