What is section 35A? In this article, I’m going to talk about Section 35A. This section is a critical piece of legislation for the c In this article, I’m going to talk about Section 35A. This section is a vital piece of legislation for the people of Jammu and Kashmir. So, right now, you’re probably wondering, what exactly is Section 35A? What are the advantages of Article 35A for the people of Jammu and Kashmir? So let me tell you a little bit about how this section of the Indian Constitution grants some privileges to the people of Jammu and Kashmir. Jammu residents and even.
The term “native” was defined in the Jammu and Kashmir Constitution, which went into effect on November 17, 1956. You will be surprised to learn that Article 35A is in the book of the Indian Constitution; however, Article 35A gives the Legislative Assembly of Jammu and Kashmir the authority to define the local people.
This is very good news for the people of other states in the country who have been waiting for the removal of this section since the country’s independence. However, many people in the country are still seen opposing it, and every day, some news related to it on social media takes a new turn.
Of course, you’ve heard of it, but there are many things related to this stream that people are unaware of right now. So, if you are also unaware of this and want to learn more about it, please read this article until the end – so, what is Section 35A?
What is section 35A?
Many laws permit this. The government responds by enforcing the law. However, Article 35a is crucial. The Government of Jammu and Kashmir and its Legislative Assembly have the authority to define who is a permanent resident under Article 35A. Jammu and Kashmir can be given to a refugee from any country through this section. Or not. Article 35a exists because all Indians must obtain our rights in Jammu and Kashmir.
In simple terms, the Supreme Court of India’s orders in Jammu and Kashmir were not valid until now, and if a woman from Jammu and Kashmir had married any state person of India, her citizenship would have been terminated. Was. On the other hand, if a woman married a Pakistani, she would have obtained Jammu and Kashmir citizenship.
Aside from that, until now, any Indian citizen could buy land, etc., in Jammu and Kashmir under this section. However, the government has now put an end to all of these rumors by making an important decision. This means that the government has now completely repealed this section.
The country’s Prime Minister, Narendra Modi, has made this significant decision for the benefit of the country. That is, after the conclusion of this section, Jammu and Kashmir will be treated similarly to the other states in the country. And now that anyone can buy land there, couples can marry according to their preferences. There will be no difference in citizenship for anyone now.
This is a significant initiative by the Modi government, which is beneficial not only to Jammu and Kashmir but also to the entire country. Read this article carefully to learn more about this section; you will find detailed information about this stream here.
What is the history of section 35A?
Article 35A was added to the Indian Constitution by order of then-President Dr. Rajendra Prasad on May 14, 1954. This is a part of Article 370, and only a few people are aware of it. In 1952, former Prime Minister Jawaharlal Nehru and Sheikh Abdullah collaborated on this article. Dr. Rajendra Prasad suggested linking Article 370.
This is a section that gives the people of Jammu and Kashmir the right to define their citizenship and their people.
Special Powers of Section 35A
These are some of the section’s main rights. This stems from Article 370, which was also added for the benefit of the citizens who live there. So, let us discuss the main rights of Article 35A, which determines the definition of the Jammu and Kashmiri people. This is one of the main powers of the Jammu and Kashmir Legislative Assembly. So those are the main points.
- The government of Jammu and Kashmir can now provide services to refugees from other states.
- Section 35A distinguishes Jammu and Kashmir citizens from citizens of other states.
- Jammu and Kashmir do not obey any Supreme Court of India law under Section 35A.
- Scholarships and other forms of assistance provided by the state government are only available to the state government.
- If a girl from Jammu and Kashmir marries an outsider, she will lose all of her rights.
- Their children will have no rights as a result of this.
Why oppose section 35A?
Many opponents of Section 35A have petitioned the Supreme Court, as have many supporters, using two types of arguments. The first is that Section 35A makes it impossible for citizens of other Indian states to become permanent citizens.
The opponents’ second argument is that because of Section 35A in Jammu and Kashmir, citizens from other states cannot go there and buy any jobs or property. Even if a girl from this state marries a boy from another state, she loses her right. All of this has sparked outrage.
The case was heard by the Supreme Court. The opponents of this section eventually petitioned the Supreme Court. They all claim that Jammu and Kashmir have taken away their right to the rule of law, as guaranteed by Article 35A of the constitution. All opponents argue that Article 35A, which has been implemented in Jammu and Kashmir, should be repealed immediately by the President alone.
Damage caused by section 35A
Section 35A has a number of disadvantages. Every Indian considers Jammu and Kashmir to be India’s paradise. And, if it is necessary to go and do it, no citizen of another state may do so under Section 35A.
Regardless of his level of education. And no girl there can marry outside because it is illegal. We are violating the Indian constitution in this way, but we want equal rights and cannot face all of this because of Section 35A.
Why can’t everyone afford to buy that land? There are numerous such issues. This is because of the damages caused by Section 35A.
Why do countrymen want to remove section 35A?
There is a call to repeal 35a because the identity of the Pakistani conspirators has yet to be determined. And it has always harmed India. Another significant point is that the Parliament has not implemented this article.
What will change after the abrogation of Articles 370 and 35A?
The separate law that was in place in Jammu and Kashmir based on Articles 370 and 35A has now been decided to be repealed in August 2019. There was a lot of discussion about this issue throughout the country, and in a true sense, the countrymen now feel India is their own.
The correct thing to do is that India appears incomplete without Jammu and Kashmir, and with the repeal of Articles 370 and 35A, anyone can become a citizen of that state. So, what would happen if Articles 370 and 35A were repealed? In Jammu and Kashmir, please read the following points carefully.
- Citizens of other Indian states can become citizens of Jammu and Kashmir with the repeal of Articles 370 and 35A.
- There used to be another flag of Jammu and Kashmir in this section, but the flag will now only fly with the tricolor.
- There was a second constitution of Jammu and Kashmir under this, and the Indian Constitution is now in effect there.
- The people of Jammu and Kashmir will lose their dual citizenship.
- There will now be two union territories, one for Jammu and Kashmir and one for Ladakh.
- Jammu and Kashmir will have a Legislative Assembly, but Ladakh will not. This means that Ladakh will have no local government.
- Jammu and Kashmir girls will now be able to marry boys from other states.
- Jammu and Kashmir’s government will now last five years rather than six.
- A citizen of any other state can now work on it and buy land on it.
- Citizens there will now be able to take advantage of every law enacted by the Government of India.
Conclusion
Even though India was an independent country, the state of Jammu and Kashmir was not completely independent until recently. This state, on the other hand, is known as India’s paradise. Pakistan continues to do something or the other every day in order to obtain it. Anyway, as previously stated, India was not fully entitled to Jammu and Kashmir. Which we have also explained in detail.
However, the government has now abolished this section and granted this state the same special rights as other states in India.
With the repeal of Articles 370 and 35A, we will be able to grant citizens of other Indian states the right to buy land in Jammu and Kashmir, as well as obtain government jobs and admission to the state’s higher education institutions. And, with its removal, the state’s discrimination against women and men in terms of rights has ended.
We have already told you about the rest of this section; I hope you enjoyed the information and have a thorough understanding of it.
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