Legal

Analysis - Question if how to amend Section-47(3) of J&K Constitution for appointing a new Delimitation Commission

  Media was hit with leads “Government planning to redraw Jammu and Kashmir assembly constituency borders”…. “Home Minister Amit Shah considering delimitation of constituencies in J&K” and like on 4rth June just a few days after Modi lead NDA Government was sworn for the 2nd term. Although in May 2014 too BJP Government was sworn in with sufficiently large mandate but not much expectations were shown by the people of J&K as regards appointment of a new ..

Kashmir based political leaders lie when they say relationship between India and J&K come to an end, if Articles 370 and 35A are abrogated

 Lok Sabha elections are recently concluded in India, the largest democracy in the world, and the people of the country had once again put their faith in the leadership of Narender Modi. This time he won Lok Sabha election with more seats than the BJ..

How the State Subject law of Maharaja is entirely different from the bogey of lies of Permanent Resident Certificate (PRC) in Article 35A

 Article 35A is the most controversial provision and calling it an unconstitutional provision would not be wrong. The provision allows the state government to discriminate between Indian citizens living in other parts of the country from the Permanen..

Article 35A: An Unconstitutional Instrument that promotes Subversion and Discrimination

  In 1954, a presidential order was issued that amended the constitution of India and a new provision i.e. Article 35A was added to the constitution. The clandestine nature of the insertion of this Article can be gauged from the fact that this Article is not located either between Article 35 and Article 36 of the constitution or in the list of constitutional amendments but it is available in the appendix. Therefore, political high-handedness cannot be denied in the insertion of this controversial ..

Demystify the myth of Article 35A: Let us understand why Article 35A is unconstitutional

All you need to know why abolishing Article 35A would be the right decision?     Insertion of Article 35A is controversial because it was never passed by the Parliament of India and it violates the fundamental rights of the citizens of India. Also, unconstitutional mechanisms were used to insert this provision in the constitution and it has far-reaching adverse effects on the citizenry of the country. This provision played havoc in the life of many people, who have remained secondary ..

Article 35A is against the spirit of Indian constitution and also ignores the will of Maharaja Hari Singh

    India is one of the largest democracies. Since independence, India has cherished the dream of ensuring the participation of people and for that purpose monarchy was removed and the concept of popular support was inserted. The constitution of India was drafted with the intent that the discrimination must be removed in all its manifestations. Even the accession of the princely was having the basic objective of abolishing monarchy and giving the power to the people. According ..

Question is :: Does Article 35A technically & legally qualify to be an Part of Constitution of India?

  Some petitions as regards Article 35A that appears in the text of Constitution (application to Jammu and Kashmir ) Order of 14th May 1954 C.0 48 of the President of India appended with Constitution of India as Appendix-I have been filed in the Supreme Court of India pointedly questioning the very existence of it as a valid Article of Constitution of India . Although the subject has become more live since 2014 in view of the petitions before the apex court but the pointed deliberations ..

China soften its stand on Masood Azhar, ready to support tagging him as a global terrorist

   In the latest twist of events, China may be supporting the tagging of Masood Azhar as a global terrorist. China has softened its position on listing of Maulana Masood Azhar at the UNSC 1267 Committee. China MoFA says, ’China supports the issue of listing, which should be resolved through political consultations within the framework of 1267’. Though China has used its veto power in UNSC, whenever India has pushed to tag Masood as a global terrorist but this time China ..

Why to Scrap Article 35A: Understand nuances of 'State Subject' issue of J&K

Wrritten By Sant Kumar Sharma  Today is April 20, 2019, and it was on this day in the year 1927 that the first formal definition of 'State Subject' was out in public domain in Jammu and Kashmir during the reign of Maharaja Hari Singh. Subsequently, a supplementary notification was issued five years and two months later on June 27, 1932.These two definitions are the basis of all controversies that surround Article 370 as also Article 35-A today. Those defending the twin articles of the Indian ..

No Mr. Haseeb Drabu, removal of Article 35A won’t even change the dot or comma in the relationship of India and J&K

  Today Indian Express published a write-up on Article 35A titled as “If Article 35A is expended it will impinge on basic tenets of constitutional interpretation”, which was written by Haseeb A Drabu former finance minister of J&K. In this article, he wrote umpteen numbers of lies about Article 35A. While writing against the Finance Minister Arun Jaitley's blog on Article 35A, Drabu wrote a piece of article with full of errors and devoid of facts. Therefore, we have been ..

Article 35 A- Caste politics or politics of caste: Valmikis victims of politics in J&K

   Dalits are the oppressed castes in the Indian society. They were subjectedto various forms of discrimination and oppression. Valmikis also belong to this caste and faced discrimination and violence of various natures. Though some Valmikis claimed that they are thedescendants of hermit Valmiki, the author of epic Ramayana, yet they continued to remain away from the mainstream society. The independent India made certain provisions for them, under the guidance and leadership of Dr. ..

A reply to Dr. Faizan Mustafa and Mr. Ravish Kumar: The Truth and Untruth about Article 370

   Partisan Media?On 25th February 2019, NDTV’s Prime Time with Ravish Kumar hosted a discussion with the renowned academician Professor Dr. Faizan Mustafa on the status of Jammu and Kashmir under the Indian Constitution. Flagging the views expressed by Shri Arun Kumar, RSS spokesperson on the status of Jammu and Kashmir under the Indian Constitution, Mr. Ravish Kumar sought Professor Mustafa’s response on these views. Although a fair debate would have required NDTV to invite ..

Thanks to Article 35A, Women in J&K are treated as Second Class Citizens

Thanks to Article 35A, Women in J&K are treated as Second Class Citizens ..

Exposing misinterpretation of Article 370 & 35A by #IndianExpress

  On March 5, 2019 Indian Express published an article on Art. 370 and 35A, “Understanding Articles 370, 35A” written by Mr. Faizan Mustafa, V.C (NALSAR University). Surprisingly, it was full of errors on facts and misinterpretation ..

Article 370 amended to extend reservation to SC, ST, EWS and people living along IB in J&K

  In a major policy decision, Modi Government approved the proposal of Jammu and Kashmir Government to make amendment in Article 370(1) so that SCs and STs of the state will get the reservation, in promotion, in the state. Union Cabinet sent this proposal to the President of India to issue "The Jammu and Kashmir Reservation (Amendment) Ordinance, 2019'. The decision was taken in the Union Cabinet meeting chaired by PM Narender Modi. Article 370 is a temporary provision of the Constitution ..

SC says no further order is needed in light of attacks on Kashmiri Students

 The Supreme made it clear that no further order is required to be passed in light of the attacks on Kashmiri students in the aftermath of the Pulwama attack. The attacks on Kashmiri students intensified because some of the Kashmiri students posted objectionable comments against the ghastly suicide bomb attack, in which 40 CRPF soldiers were martyred.   On the petition of Senior Counsel Colin Gonsalves, the Bench of Chief Justice of India Ranjan Gogoi with Justices L Nageswara ..

Congress compromised on 24th February 1975 and anointed Sheikh Abdullah as Chief Minister of J&K

  It is a bitter truth that the central and state leadership of Jammu and Kashmir have always remained hand in glove in subverting the democratic credentials of the country. This process was started as early 1947, when Maharaja Hari Singh was forced by the then central leadership to set Sheikh Abdullah free from Jail and to be installed as the emergency administration of the State of Jammu and Kashmir as a pre-condition for acceptance of accession of the state to India. Subsequently, the ..

Plea seeks protection of Human Rights of Security Forces in Kashmir: SC issues notices to centre, J&K state government, NHRC

Plea seeks protection of Human Rights of Security Forces in Kashmir: SC issues notices to centre, J&K state government, NHRC..

Solution to Kashmir is explained in Parliament resolution on Jammu and Kashmir passed 25 Yrs Before today

 Parliament of India and State of J&K   On February 22, 1994, a unanimous resolution was passed by the Indian Parliament. This resolution declared that,“(a) The State of Jammu & Kashmir has been, is and shall be an integral part of India and any attempts to separate it from the rest of the country will be resisted by all necessary means;(b) India has the will and capacity to firmly counter all designs against its unity, sovereignty and territorial integrity; and demands ..

Lets pay Tribute to the Martyrs by giving Permanent Residentship to them in Jammu Kashmir

Let's pay Tribute to the Martyrs by giving Permanent Residentship to them in Jammu Kashmir..

All you need to know why abolishing Article 35A would be the right decision?

 Article 35A is once again in news after the hiatus of a few months and the Kashmir valley based separatists, politicians and a few other individuals in Kashmir valley started ranting about the links of identity with this discriminatory and unconstitutional provision. The recent uproar started when an appeal was moved in the Supreme Court by the Jammu and Kashmir State Administration that the hearing on Article 35A must be postponed till the time elected government takes the reign of the state. ..

Article 370(1-d) is surely not for amending the Constitution of India

 Art-35A was added in the Constitution of India as a ‘New” Article neither by the Constituent Assembly of India ( COI) nor by the Parliament of India (under the constituent powers available under Art368) but is taken to have been added simply by an order of the President of India ( C.O 48 of 14 May 1954) .This Article is neither part of Art35 nor does this article exit in the main body of the constitution of India before Art 36. The Constitution (Application to Jammu & Kashmir) ..

The entire State of Jammu and Kashmir is an integral part of Union of India

  Jammu and Kashmir acceded to India on 26th October, 1947 when the Instrument of Accession was signed by Maharaja Hari Singh. Later, the popular and democratic government was established in this princely state like it has happened in any other princely state that acceded to India.     Constituent Assembly of J&K and its ratification for accession Regent Yuvraj Karan Singh directed to constitute state Constituent Assembly (CA) on 1st May, 1951. Subsequently, ..

Why Supreme Court should strike down subversive and discriminatory Article 35A

  Issuing threats is not an uncommon thing in India. Also, outrage against such threats, either in media or politics or social media platforms, depends on the location, context, religion and political outlook. Therefore, when the threats were issued because the Supreme Court has to decide on the discriminatory Article of the constitution of India i.e. Article 35A such outrage was not clearly visible anywhere. Moreover an IAS officer compared this controversial Article with the marriage contract ..

''How many migrated to Pakistan,have applied to return." SC asks J&K Govt

   The Supreme Court, which is hearing a plea challenging the validity of the sensitive Jammu and Kashmir Resettlement Act of 1982, sought to know Thursday as to how many people who migrated from the state have applied for returning from Pakistan.A bench headed by Chief Justice Ranjan Gogoi asked the state government's counsel to take instruction on the issue and posted the matter for further hearing on January 22.Senior advocate Rakesh Dwivedi, appearing for the state, told the bench, ..

‘India should have been declared a Hindu country too’ says Meghalaya HC

  While considering the petition related to refusal of Domicile Certificate to an army recruit, the Meghalaya High Court, on Monday, traced the events leading up to India’s partition and observed “It is an undisputed fact that at the time of partition, lakhs and lakhs of Sikhs and Hindus were killed, tortured and raped and forced them to leave their forefather’s property and compelled them to enter India to save their lives and dignity.” Justice Sen began his judgment ..

No! Stone-Pelters and Pellet injured aren’t real victims, lets know about the abandoned victims of J&K

  Whenever human rights violation in Jammu and Kashmir (J&K) is discussed, it arise the pictures of only stone-pelters, people injured from pellet guns and separatists in our minds. As if they are combating the battle for claiming their human rights and rest of the people across entire state of J&K are living a prosperous life. Though we do not claim that the stone-pelters and people injured from pellet gun are not the victims but there are people in J&K who have been discriminated ..

Governor of J&K likely to bring new juvenile justice law

    According to some media reports the Governor of Jammu and Kashmir may likely to repeal the Juvenile Justice Act, 2013 and bring in the new Juvenile Justice law. This law may introduce the provision of adoption for the first time, which is being seen as the “breach in J&K’s Permanent Resident Act”. The Bill on The Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Bill, 2018, has been finalized by the Governor’s administration and ..

Is it the beginning of the end for Article 35A from ‘State Funded Institute’ in J&K?

     The Jammu & Kashmir Institute of Management, Public Administration and Rural Development (IMPA), an autonomous body under the agies of State Government, invited application on all India basis from the eligible candidates for the posts of Professors, Assistant Professors and Associate Professors. Though Article 35A makes any non-permanent resident of the state ineligible for any government job under the state government of Jammu and Kashmir but the applications are ..

Digitalisation of Permanent Resident Certificate (PRC) - A necessity for weeding out corruption and easing the process

   After 19 June 2018 the ease with which the J&K Governor administration has got conducted local body elections and now the process is on for Panchayat elections in J&K some people surely have started thinking that will it not be better to have a regular Governor rule than going for hectic exercise of electing an ineffective ‘popular’ government every five years? People have started hoping Mr. Satya Pal Malik may also venture for conduct of by poll to Anantnag Lok ..

Governor of Jammu and Kashmir Says Not Contemplating to Change the Permanent Residency Rules

Governor of Jammu and Kashmir Says Not Contemplating to Change the Permanent Residency Rules..

The Curious Case of Deepika Rajawat: Month wise list, How She kept getting Awards for doing NOTHING

   Deepika Rajawat, the famous lawyer of Kathua Rape case has been fired by victim's father because of not being appear in the Pathankot court. Rajawat had reached court only 2 times out of 110 hearing. Deepika cited the reason for not appearing in the court that she also has other cases to fight for, didn't have time to appear. But Deepika Rajawat never left any opportunity to recive award or to give speeches for the same Kathua case she was avoiding to be present in the court.  ..

In J&K both Hindu and Muslim woman are living in an environment of discriminatory local laws

Union Government has issued an ordinance on 19th September to safe guard the rights of the muslim woman but will the Modi lead government also suggest the J&K Governor to issue an ordinance for restoring the fundamental rights of the Women Permanent R..

Who is Radhika Gill ?

   1. Is a lady who seek kind attention of Apex Court of India towards the problems and challenges being faced by more than hundreds of safai karamcharis in Jammu Kashmir. 2. Despite Being a citizen of India, these Valmikis of JK have been denied: (1) Right to Vote in local elections of State, 2) Govt. Job and Social Welfare benefits 3) Admission in Professional College. 3. Surprisingly ! Fundamental Rights have been denied to these Valmikis, Who belongs to Schedule Caste ..

Victimization of Safai Karmachi in jammu and Kashmir,

Safai Karmachari or Balmikies are one of the worst affected class of people living in the State of Jammu and Kashmir and are suffering blatant violation of human rights. Here I am referring about those Safai Karmachari’s or Sweepers who settled in the State of Jammu and Kashmir in the year 1957 at the request of erstwhile Government of Jammu and Kashmir. In the year 1957 a large number of people working as Safai Karmachari in the State of Jammu and Kashmir went on strike for considerably ..

Article 35A: THE BANE OF THE WEST PAKISTAN REFUGEES.. Part 5

   5. Critical Analysis From the above study, we have seen that Article 35A has been blocking the development of West Pakistan Refugees at every level, denying them their basic right to life and even goes against Article 368, for which reason it can even be considered unconstitutional. In order to reinforce this fact, we must also view the efforts of the community to alleviate their situation as well as the measures taken by the government in order to address this issue. After ..

Article 35A: THE BANE OF THE WEST PAKISTAN REFUGEES.. Part 4

   4. Discussion In the previous chapters, we have not only reviewed the information collected and the available data, we have also got a general understanding of the condition of the West Pakistan Refugees as of today. Without further ado, it becomes important to discuss the effect of Article 35A and the requirement for Permanent Residency on the lives of this community, as well as the legal restraints and barriers that they encounter. In order to provide a more systematic understandin..

Article 35A: THE BANE OF THE WEST PAKISTAN REFUGEES.. Part3

  3. Data Analysis As previously mentioned, the questionnaire attached as Appendix B was administered to 100 respondents by random sampling, mainly in the Samba area of the state of Jammu and Kashmir. The respondents were all West Pakistan Refugees, and were asked questions about employment, land ownership, education, political rights, their knowledge about Article 35A and their political awareness. In order to understand these different issues that they deal with, it is also important ..

Article 35A: THE BANE OF THE WEST PAKISTAN REFUGEES.. Part 2

Article 35A: THE BANE OF THE WEST PAKISTAN REFUGEES.. Part 2..

Impact of Article 35A on the Women of Jammu and Kashmir Part 5

Impact of Article 35A on the Women of Jammu and Kashmir Part 5..

Impact of Article 35A on the Women of Jammu and Kashmir Part 4

Impact of Article 35A on the Women of Jammu and Kashmir Part 4..

Impact of Article 35A on the Women of Jammu and Kashmir Part -3

Impact of Article 35A on the Women of Jammu and Kashmir Part -3..

Impact of Article 35A on the Women of Jammu and Kashmir Part -2

Impact of Article 35A on the Women of Jammu and Kashmir Part -2..

Impact of Article 35A on the Women of Jammu and Kashmir Part -1

Impact of Article 35A on the Women of Jammu and Kashmir Part -1..

The Impact of Article 35A on the Valmiki Community in Jammu Kashmir .Part-5

The Impact of Article 35A on the Valmiki Community in Jammu Kashmir .Part-5..

The Impact of Article 35A on the Valmiki Community in Jammu Kashmir .Part-4

The Impact of Article 35A on the Valmiki Community in Jammu Kashmir .Part-4..

The Impact of Article 35A on the Valmiki Community in Jammu Kashmir .Part-3

The Impact of Article 35A on the Valmiki Community in Jammu Kashmir .Part-3..

The Impact of Article 35A on the Valmiki Community in Jammu Kashmir .Part-2

The Impact of Article 35A on the Valmiki Community in Jammu Kashmir .Part-2..

The Impact of Article 35A on the Valmiki Community in Jammu Kashmir .Part-1

The Impact of Article 35A on the Valmiki Community in Jammu Kashmir .Part-1..

35A is unconstitutional, it must be abrogated

 An event was organized for screening of first of its kind documentary on various aspects of Article 35A of Indian constitution in Auditorium, Nehru Memorial Museum and Library, Teen Murti Bhawan, New Delhi. The event was organized by Nehru Memorial ..