Every Kashmiri is under a curious apprehension to a great tragedy to be happened. Every section of the Kashmir whether it is civil society, trade bodies or political parties or even a common Kashmiri, a feeling of insecurity and fear is growing in them,as JRL has called agitation if any things happens against the interests of kashmiris. Actually I am talking about Article 35A which has been a burning issue….
In the past too this constitutional provision was challenged many times but the same attempt was failed, last time the Apex court put off the hearing of the said provision following the reports of imminent agitation ,the plea was submitted by the Delhi based NGO to challenge the constitutional validity of the said Article. The hearing is scheduled to be on 06th august. As the days are getting closer ,people are clamouring for defending this provision. The Kashmir is under Governor rule following the break up between the BJP and PDP. Governor is the representative of central Government so there is little chances of protecting the interests of people however the Governor has requested the central Government to defer the hearing of this Article. Some contend that till the Government is elected which can represent the wishes and aspirations of the people, the court must not to hear the same.
Introduction Of Article 35A
Article 35A is a constitutional provision that defines special priviledges enjoyed by the permenant residents of jammu and Kashmir in matters related to the acquisition of immovable property, employment, settlement and scholarship. This Article was extended to jammu and Kashmir through an amendment on May 14 1954.The state subjects defined in this Article have a history in Dogra rule to mention. In 1920 an agitation was launched by then Kashmiri pandits who feared the demographic change which ultimately pushed to issue the notification in 1927 and 1932 defining the state subjects. The Delhi Agreement in 1952 which recognized the state subject laws, granted the recongniton to this provision.
But some right wing forces have been fielded to remove this Article from the Indian constitution which is the identity of kashmiris. Any fiddling and tinkering with the same will have devastating consequences. The central Government must not to avoid the sensitive issue if anything happens untoward, the already grim situation will be worst. The central Government must take every measure to keep peace and tranquility in the state.
( The author is a law student at Kashmir Law College . His views are personal)
