Monday, 18 December, 2017

Mehbooba Mufti likely to meet PM Modi over Article 35A

Melinda Barton | 13 August, 2017, 12:29

Reacting to her statement, noted lawyer, Zaffar Ahmad Shah, said the central government has kept its options open. "He said it being done under a deliberate plan and is part of the much flaunted "final solution" to the Kashmir dispute by the Indian state led by the RSS".

The petitioner has contended that the Constitution of India can be amended only by parliament and that Article 35A was outside the jurisdiction of the President of India because it doesn't fall under the purview of Article 370 which empowers the President to amend or modify laws related to the Constitution of Jammu and Kashmir. The Constitution of Jammu and Kashmir, which was framed in 1956 retained the definitions of Permanent Residents in the 1927 and 1932 notifications.

He said that Government of India (GoI) and the State government have adopted "zero tolerance" towards Hurriyat and militants.

The separatist leaders Syed Ali Geelani, Mirwaiz Umar Farooq and Mohammad Yasin Malik had called for shutdown today to protest against "attempts" to abrogate Article 35-A of the constitution, which confers special rights and privileges on permanent residents of J&K and debars non-residents from buying land or property, getting a government job or voting in State Assembly elections.

Kashmir is witnessing a political storm following the Attorney-General's suggestion to the Supreme Court in July "to have a larger debate on Article 35A" while it is being challenged by an NGO.

The following arguments are put forward against the Article 35A. Hence, If the apex court rules that Art 35A is in violation of the Constitution, such a judgment will have to be made applicable to all the Constitutional Application Orders from 1950 till date.

The J&K CM, while addressing reporters following the meet, said preservation of the Articles 370 and 35A is essential to maintain the faith of Kashmiris in the Indian political system. The Presidential Order of 1954 was the most detailed of such orders and was issued to implement the agenda of the Delhi Agreement of 1952, which was signed between the Union of India and the State of Jammu and Kashmir.

It is high time that the Supreme Court takes cognisance of this matter. She added that PM Modi "gave 100% assurance on the agenda of alliance".

Mehbooba had met opposition National Conference (NC) president Farooq Abdullah this week to seek the support of his party on the issue.