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| J&K Govt to file objections on Art 35A finally on Dec 3 | | | Early Times Report
Jammu, Nov 14: Even as the J&K government maintained silence for the last three months despite notices from the apex court of the country, it is learnt to have prepared a detailed reply on Article 35 A for December 3 which has been kept as a "last chance", for responding to the petition seeking scrapping of the Article. The reply prepared by the law ministry is fraught with some arguments which may give some anxious moments to BJP, it being partner in the alliance government with PDP in the state. the Supreme Court on Tuesday granted some more time to the state government to file its objections to a petition challenging incorporation of Article 35 A in the Indian Constitution.
Sources in the administration said there was no delay seen as a deliberate attempt by the J&K government in filing reply in the matter. "We (the government) actually did not receive any notice from the concerned quarter….we came to know of it from the Ministry of Home Affairs much later than it was served …", said a senior most bureaucrat, adding "may be it was a deliberate attempt" on part of the petitioner. Moreover, it takes quite some time for completing the formalities in terms of legal technicalities to complete the service, he said justifying the delay in filing a reply. The reply and response of the J&K government on this sensitive Article is based on, rather have the support of constitutional and legal arguments and the government is confident to defend the matter to its favour, sources said. The objections so filed in the reply in response to challenges in the petition are strong enough on one hand to protect the Article from any dilution, on the other hand are bound to disturb BJP, sources added. The argumentative support no matter on the constitutional and legal lines, is however, bound to give some anxiety and embarrassment once again to BJP as an equal partner in the government, sources said. For the arguments in support of the reply are antagonistic, in conflict with what BJP's views are politically on both the Article 370 as well as Article 35 A, sources said. Now this is the second time BJP will be facing disconcerting and quite an upsetting situation due to its own steps initiated in the judiciary on which it faltered, the earlier one being the beef controversy created after its leaders filed petition in the HC. This time though not directly, it is the J&K Study Centre, believed to be RSS-backed think tank, which filed a petition in the Supreme Court in July this year, contending that the Article was ultra-vires of the Constitution as it was extended to the state through a 1954 Presidential Order without the approval of the Parliament. This has cautioned the PDP and Kashmir based parties in general as this petition is seeking scrapping of an Article which is more important than Art 370 and actually debars a non-state subject from purchasing land or property, seek a government job or vote in assembly elections in J&K, sources explained. |
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