HIGHLIGHTS
-- The legislation prevents outsiders from owning property in the state
-- Article 35A part of Article 370 which guarantees J&K its own constitution
-- Political leaders in J&K are united in fight to preserve Article 35A
SRINAGAR:Political parties in Jammu and Kashmir have warned against any attempt by the centre to scrap Article 35A, a legislative provision that allows its assembly to qualify its permanent residents and their rights, and Article 370, which provides special status to the state, claiming that it will further heighten tensions in the Valley.
Many among them see recent actions by the centre, such as instructing Amarnath Yatra pilgrims and tourists to leave the state and deploying thousands of security personnel in the Valley, as a step in this direction. The house arrest of local political leaders -- National Conference leader Omar Abdullah, Peoples Democratic Party chief Mehbooba Mufti and Jammu and Kashmir People's Conference chairman Sajad Lone -- on Sunday night has also contributed to their fears.
All the political leaders in Jammu and Kashmir are united in their fight to preserve Article 35A, which they claim is the bedrock of the special status promised to the state in the constitution. The legislation introduced by Hari Singh -- the then ruler of Jammu and Kashmir -- in 1927 prevents outsiders from owning property and availing of benefits such as government employment. It is a part of Article 370, which guarantees the state its own constitution, flag and the right to handle its own laws except on matters that impact national security.
Article 35A also allows the government to issue certificates to long-time residents of the state. People who were living in Jammu and Kashmir in 1954 as well as those who spent at least 10 years thereafter qualify as permanent residents. However, an NGO -- We the Citizens -- challenged Article 35A in the Supreme Court on the grounds that it was not added to the Constitution through an amendment under Article 368. It said that instead of being presented before parliament, it came into effect immediately.
Supporters of special status for Kashmir say it is a defining characteristic of the state that was promised to its people and that removing Article 35A would threaten its demographics while allowing separatists to fuel public anger against India.
The BJP has traditionally argued against special status for Kashmir, and many see this as one of the many differences that it had with its alliance partner -- the Peoples Democratic Party -- when the two ruled the state in an uneasy political alliance until last year. Party leader Arun Jaitley recently said that the legislation is "constitutionally vulnerable" because it had "entered the constitution through the back door".
At a meeting of all mainstream Kashmiri political parties held on Sunday, National Conference chief Farooq Abdullah read a resolution stating that they will send delegations to meet President Ram Nath Kovind, Prime Minister Narendra Modi to apprise them about the "consequences" of any attempt to tinker with Article 370 and Article 35A of the Constitution, or carry out delimitation of constituencies or trifurcating the state.
Article 35A of the constitution defines permanent residents of Jammu and Kashmir and excludes outsiders from owning property and getting benefits including government jobs.