Kavinder Gupta

Senior Bharatiya Janata Party (BJP) and former Deputy chief minister of Jammu and Kashmir Kavinder Gupta said that Article 35A should be revoked anyhow.

While Speaking to News agency Press Trust of Kashmir Gupta said “Articles 35A of the Constitution is temporary law which can be removed and should be removed”. He added that BJP always demand to revoke articles 370 and 35A.

Yesterday Senior National conference leader and former member of legislative assembly (MLA) Mohammad Akbar Lone said, “We are ready to die for article 35A”.

Lone said “Art35-A is a Constitutional guarantee for safety of people of Jammu and Kashmir”. He cautioned that no one should touch article 35A as doing so is against the overall national and state interests.

Lone added, “We are ready to die for Art. 35A and New do our best to save it”. “Fiddling with Article 35-A will have serious repercussions and could add fuel to the fire as situation is already volatile in the state and particularly in Kashmir Valley”. Lone added.

Tehreek-e-Hurriyat (TeH) chairman Muhammad Ashraf Sehrai said “Any misadventure of fiddling with the Article 35 A will have catastrophic repercussions as this matter is related to the existence of the people of Jammu and Kashmir”.

Kashmir economic alliance (KEA) Mohammad Yasin Khan said that the revocation of article 35A will mean that people of all the three regions will lose their share of all resources in the state including jobs and land.

“People of this state will end up as being another Palestinians whose land will be taken away by outsiders. We will all lose our identity, collective and individual,” he said.

Article 35A of the Indian Constitution is an article that empowers the Jammu and Kashmir state’s legislature to define “permanent residents” of the state and provide special rights and privileges to those permanent residents. 

The Constitution (Application to Jammu and Kashmir) Order, 1954 issued by the President of India on 14 May 1954, exercising the powers conferred by the clause (1) of the Article 370 of the Indian Constitution, and with the concurrence of the Government of the State of Jammu and Kashmir.

Following the accession of Jammu and Kashmir to the Indian Union on 26 October 1947, The Maharaja ceded control over defence, external affairs and communications (the ‘ceded subjects’) to the Government of India.

The Article 370 of the Constitution of India and the concomitant Constitutional Order of 1950 formalised this relationship. Discussions for furthering the relationship between the State and the Union continued, culminating in the 1952 Delhi Agreement, whereby the governments of the State and the Union agreed that Indian citizenship would be extended to all the residents of the state but the state would be empowered to legislate over the rights and privileges of the state subjects, who would now be called permanent residents.

Article 35A provides permanent residents to people of Jammu and Kashmir “No person who is not a Permanent Resident of Jammu and Kashmir can own property in Jammu and Kashmir. No person who is not a Permanent Resident of Jammu and Kashmir can obtain job within Jammu and Kashmir Government. 

No person who is not a Permanent Resident of Jammu and Kashmir can join any professional college run by government of Jammu and Kashmir or get any form of government aid out of government funds.