Topic– Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
2) Discuss the historical context behind Article 35A. Also, examine the possible implications of abrogating Article 35A, on the state of Jammu and Kashmir.(250 words)
Why this question
The SC is currently hearing a writ petition filed by NGO, We the Citizens, which challenges the validity of both Article 35A and Article 370. The SC has hinted refering the issue to the constitutional bench. It is therefore essential to know about the historical context of the article and discuss the implications of abrogating it.
Discuss- This is an all-encompassing directive which mandates us to write in detail about the key demand of the question.
Examine-Here we have to probe deeper into the topic, get into details, and find out the causes or implications if any.
Key demand of the question.
The question wants us to write in detail about how article 35A was added to the constitution, what is its significance. It also wants us to dig deeper into the topic and bring out, what could be the possible implications of abrogating it.
Structure of the answer
Introduction– write a few lines on the nature of Article 35A in terms of what special provisions it creates for the Permanent Residents of the J&K.
- Discuss the historical context of Article 35A. E.g during british rule- not british subjects; In 1927, the then Maharaja of Kashmir, passed the Hereditary State Subject Order which granted the respective state subjects with the right to government office and the right to land use and ownership. These rights were extended solely to the state subjects; After the accession of Jammu and Kashmir to the Indian Union, in October 1947, even though the Maharaja ceded all control to the Government of India, the exclusivity of state subjects remained unchanged. In the 1952 Delhi Agreement, the government of the state and the Union collectively agreed upon the extension of Indian citizenship to all residents of the state but the state would still be empowered to legislature over the rights of the state-subjects, who will now be referred to as permanent residents. Article 35A was incorporated into the Constitution by an order of the then President Rajendra Prasad on the advice of Prime Minister Jawaharlal Nehru and his cabinet.
- Discuss the positive implications of abrogating Article 35A. E.g closer integration of the valley with the rest of the country; accelerate development and investment in the valley etc.
- Discuss the negative implications- e.g the valley has been tense and unitedly opposing the abrogation; could fuel more violence and estrangement in the valley etc.
Conclusion– Based on your discussion, form a fair and a balanced conclusion on the given issue.