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| Dogra Front terms Art 35A as black law | | Takes out protest rally | |  Early Times Report
Jammu, Aug 30: The workers of Dogra Front & Shiv Sena under the leadership of President Ashok Gupta took out a procession in Jammu city by wearing black clothes registering there's demand as Article 35A as a Kala Kanoon.
Ashok Gupta stated that Article 35A was not added to the Constitution by following the procedure prescribed for amendment of the Constitution of India under Article 368.
Article 370 does not anywhere confer on the President legislative or executive powers so vast that he can amend the Constitution or perform the function of Parliament. It has been brought about by the executive organ when actually the right of amendment of the Constitution lies with the legislative organ.
Besides carrying out many modifications and changes, this order 'added' a new "Article 35A" to the Constitution of India. Addition or deletion of an Article amounted to an amendment to the Constitution which could be done only by Parliament as per procedure laid down in Article 368. But, Article 35A was never presented before Parliament.
Article 35A violates the article 14 for the equality of the law. If any woman form J&K Marries outside her state all her rights in the state are ended as than she cannot but any land or claim any kind of benefit.
He further stated that it facilitates the free and unrestrained violation of fundamental rights of those workers and settlers like Scheduled Caste and Scheduled Tribe people who have lived there for generations. The Valmikis who were brought to the state during 1957 were given Permanent Resident Certificates on the condition that they and their future generations could stay in the state only if they continued to be safai-karmacharis (scavengers). And even after six decades of service in the state, their children are safai-karmacharis and they have been denied the right to quit scavenging and choose any other profession. |
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