Article 35A of Indian Constitution empowers state legislature of Jammu and Kashmir to differentiate between permanent and non permanent residents of state and grant special privileges to its permanent residents.

 

Special privileges includes reservation in government services, rights to own land and property in state.

 

Arguments in favour of approbation of Article 35A:

 

  • Would truly uphold Right to Equality for all citizens of India
  • Similarly would uphold Right to Reside for all citizens throughout country.
  • Would accelerate development and investment in the country.

 

Cons:

 

  • If Article 35A is abrogated, several other presidential orders would also face legal challenges which provide for special provision for other states.
  • Abrogation of Article 35A could further alienate people of state and further fuel violence.
  • It can also be said that as India backtracked from its obligations, there is no need for state of J&K to honour instrument of accession and J&K would not remain a part of India.
  • Can lead excessive exploitation of land.
  • If reservation in unemployment is done away with unemployed youth in state would further face several issues.

 

Even though Article 35A causes violation of some Fundamental Rights and causes feeling of separation, it is necessary to keep peace and maintain unity of country. Efforts should be made for overall socio economic development and increased exchange of people and strengthening people ties.

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