1. Would it be right to call them the articles of seclusion? With a majority in the Lok Sabha and a
near majority in the Rajya Sabha, the Modi government is better placed to correct the so called
historical mistake, when the then PM Jawaharlal Nehru and the then PM of Jammu and Kashmir Sheikh Abdullah signed the Delhi Pact of 1952.
2. Article 35 A of the Constitution protects any laws in Jammu and Kashmir relating to the definition
and privileges of permanent residents from being challenged as discriminatory or unconstitutional.
As an example of these privileges, Jammu and Kashmir restricts anyone except permanent
residents from acquiring immovable property. Article 35 A grants the state legislative assembly
the power to make such a restriction and prevents any challenge against this on the basis that this
is inconsistent with the laws that apply to other citizens of India.
3. Political and defence analysts attribute the instability in Jammu and Kashmir to India's inability
to fully integrate the state into the Union and the three factors that contribute are:-
(a) Historical roots, dating to the circumstances under which the state, led by Maharaja Hari Singh,
acceded to India, following Pakistan's attempts to annex the state through force.
(b) Pakistan has also pursued the "bleeding cuts" theory, consistentlyproviding support to terrorist
and separatist movements in Jammu and Kashmir and extending such support to promote
terror in other parts of the country to further its own interests.
(c) The imposition of Article 370 in the Indian Constitution and the addition of Article 35 A,
through the provisions of Article 370.
4. Article 35 A was incorporated under Article 370 through a Constitutional order signed by former
President Rajendra Prasad in 1954. A Constitutional order is essentially an expansion of an
existing provision that does not need to be voted on or need the approval of the Parliament. Prior
to accession, the ruler of the princely state of Jammu and Kashmir, Maharaja Hari Singh, was in
total control of all matters of administration and governance except defence, foreign affairs and
communication, which came under the British. At the time of independence, the Maharaja chose
to accede to India but agreed to sign the Instrument of Accession as long as the same arrangement
was allowed to continue.
5. In 1949, all princely states were requested to send their representatives to the Constituent
Assembly to help draft the Constitution of India. The princely states were also encouraged to set
up their own Constituent Assemblies. The Jammu and Kashmir Constituent Assembly's only
representation was to incorporate only those provisions in the Indian Constitution that
corresponded with the Instrument of Accession. This came to be known as Article 370.
6. There is a growing sentiment to have a relook at Article 370 and Article 35 A. There will be
violence instigated in the Kashmir Valley when the nation takes recourse to such action but that
cannot and must not deter the state from preserving the right to equality, enshrined in the
Constitution. Narendra Modi and Amit Shah need to navigate through with caution, because
Pakistan is bound to whip up trouble.
Tailpiece.
We had got up at our usual time, gone through the chores and were ready well in time. Annie had come at her appointed time and went about her work. Preetha, our actual maid, had called up to say that she'd be coming for work from Monday.
near majority in the Rajya Sabha, the Modi government is better placed to correct the so called
historical mistake, when the then PM Jawaharlal Nehru and the then PM of Jammu and Kashmir Sheikh Abdullah signed the Delhi Pact of 1952.
2. Article 35 A of the Constitution protects any laws in Jammu and Kashmir relating to the definition
and privileges of permanent residents from being challenged as discriminatory or unconstitutional.
As an example of these privileges, Jammu and Kashmir restricts anyone except permanent
residents from acquiring immovable property. Article 35 A grants the state legislative assembly
the power to make such a restriction and prevents any challenge against this on the basis that this
is inconsistent with the laws that apply to other citizens of India.
3. Political and defence analysts attribute the instability in Jammu and Kashmir to India's inability
to fully integrate the state into the Union and the three factors that contribute are:-
(a) Historical roots, dating to the circumstances under which the state, led by Maharaja Hari Singh,
acceded to India, following Pakistan's attempts to annex the state through force.
(b) Pakistan has also pursued the "bleeding cuts" theory, consistentlyproviding support to terrorist
and separatist movements in Jammu and Kashmir and extending such support to promote
terror in other parts of the country to further its own interests.
(c) The imposition of Article 370 in the Indian Constitution and the addition of Article 35 A,
through the provisions of Article 370.
4. Article 35 A was incorporated under Article 370 through a Constitutional order signed by former
President Rajendra Prasad in 1954. A Constitutional order is essentially an expansion of an
existing provision that does not need to be voted on or need the approval of the Parliament. Prior
to accession, the ruler of the princely state of Jammu and Kashmir, Maharaja Hari Singh, was in
total control of all matters of administration and governance except defence, foreign affairs and
communication, which came under the British. At the time of independence, the Maharaja chose
to accede to India but agreed to sign the Instrument of Accession as long as the same arrangement
was allowed to continue.
5. In 1949, all princely states were requested to send their representatives to the Constituent
Assembly to help draft the Constitution of India. The princely states were also encouraged to set
up their own Constituent Assemblies. The Jammu and Kashmir Constituent Assembly's only
representation was to incorporate only those provisions in the Indian Constitution that
corresponded with the Instrument of Accession. This came to be known as Article 370.
6. There is a growing sentiment to have a relook at Article 370 and Article 35 A. There will be
violence instigated in the Kashmir Valley when the nation takes recourse to such action but that
cannot and must not deter the state from preserving the right to equality, enshrined in the
Constitution. Narendra Modi and Amit Shah need to navigate through with caution, because
Pakistan is bound to whip up trouble.
Tailpiece.
We had got up at our usual time, gone through the chores and were ready well in time. Annie had come at her appointed time and went about her work. Preetha, our actual maid, had called up to say that she'd be coming for work from Monday.
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