Today I am going to tell about Section 35A in this article. This section is a very important law for the citizens of Jammu and Kashmir. So right now the question must be arising in your mind that what is section 35A? What are the benefits of Article 35A to the citizens of Jammu and Kashmir? So I would like to tell you a little, that this section of the Indian Constitution gives some privileges to the local people of Jammu and Kashmir.
Native was defined in the Jammu and Kashmir Constitution that came into force on 17 November 1956. You will be surprised to know that this Article 35A is in the book of the Constitution of India, even then Article 35A gives the right to the Legislative Assembly of Jammu and Kashmir to decide the definition of the local people.
This is great news for the people of other states of the country who were waiting for the removal of this section, which the country was waiting for since independence. But still there are many people in the country who are seen opposing it, every day some news related to it on social media takes a new turn.
Of course, you must have heard about it, but right now there are many such things related to this stream, which people do not know about it. So, if you are also unaware of this and want to know about it, then read this article of ours carefully till the end – so let’s know what is section 35A?
What is section 35A?
So many laws allow this. The government retaliates and the law also applies. But this Article 35a is very important. It is from Article 35A that the Government of Jammu and Kashmir and its Legislative Assembly have got the right to decide the definition of permanent resident. From this section, Jammu and Kashmir can be given to a refugee coming from any country. Or not. Article 35A is because we all Indians have to get our rights in Jammu and Kashmir.
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If it is understood in simple and simple words, till now the orders of the Supreme Court of India in Jammu and Kashmir were not valid there, as well as if the woman of Jammu and Kashmir had married any state person of India, then her citizenship would have been terminated. Was. On the contrary, if a woman had married a person from Pakistan, she would have got the citizenship of Jammu and Kashmir.
Apart from this, till now any citizen of India could buy land etc. in Jammu and Kashmir under this section. But now the government has put an end to all these speculations by taking an important decision. Meaning that the government has now completely abolished this section.
The Prime Minister of the country, Narendra Modi has taken this big decision for the benefit of the country. Meaning that now after the end of this section, now Jammu and Kashmir will be like other states of the country. And now anyone can buy land there, couple can get married as per their choice. Now there will be no citizenship difference on any person.
This is a very big initiative of the Modi government, which is good news not only for Jammu and Kashmir but for the interest of the entire country. To know more about this section, read this article carefully, today you are going to get every information related to this stream in detail here.
What is the history of section 35A?
Article 35A was added to the Indian Constitution on 14 May 1954 by the then President Dr. Rajendra Prasad according to an order. This is a part of Article 370 itself, and this thing is known to many people only. This article was thought of by former Prime Minister Jawaharlal Nehru and Sheikh Abdullah together in 1952. On his suggestion, Dr. Rajendra Prasad had linked Article 370.
This is a section that provides rights for the people of Jammu and Kashmir to define the citizenship there and for the people there.
Special Powers of Section 35A
These are some of the main rights of the section. Which swings from Article 370, in which it has also been added for the betterment of the citizens living there. So let’s talk about the main rights of Article 35A which decides the definition of the local people of Jammu and Kashmir. This article is one of the main powers of the Legislative Assembly of Jammu and Kashmir. So that’s a few key points.
- The government of Jammu and Kashmir can now provide facilities to the refugees who have come from other states.
- Due to section 35A, the citizen of Jammu and Kashmir becomes different from the citizen of other state.
- Under Section 35A, Jammu and Kashmir does not obey any law of the Supreme Court of India.
- Scholarship and any kind of assistance provided by the state government is only for the state government.
- If a girl from Jammu and Kashmir marries an outsider, then all her rights will be lost.
- With this their children will not get any rights.
Why oppose section 35A?
There are many opponents of Section 35A and many supporters have also reached the Supreme Court by taking two types of arguments against it. The first is that Section 35A prevents citizens of other states of India from becoming permanent citizens.
And the second argument of the opponents is that due to this section 35A in Jammu and Kashmir, citizens of any other state cannot go there and buy any job or property there. Even if a girl of this state marries a boy of any other state, she gets separated from the right. All this has become a cause of protest.
The matter reached the Supreme Court. The opponents of this section eventually reached the Supreme Court with a petition. All of them say that due to Article 35A, the right to law and written in the constitution has been snatched by Jammu and Kashmir. All those opponents say that Article 35A, which has been implemented in Jammu and Kashmir, should be repealed immediately only by the President.
Damage caused by section 35A
There are many disadvantages arising out of section 35A. As every Indian considers Jammu and Kashmir as the paradise of India. And when it is too much to go and do it, then under section 35A, no citizen of any other state can go and do the job.
No matter how educated he may be. And no girl there can marry outside, it is absolutely wrong. In this way we are violating the constitution of India, then we want equal rights and cannot face all this because of section 35a.
Why can’t everyone buy that land? There are many such problems. This is because of section 35a, the damages caused by section 35a.
Why countrymen want to remove section 35A?
There is a demand to remove 35a because till date the identity of the conspirators from Pakistan has not been identified. And it has always been harming India. An important thing is also that this article has not been implemented by the Parliament.
What will change after the abrogation of Article 370 and 35A?
The separate law which was going on in Jammu and Kashmir from Article 370 and 35A, it was decided to go and remove it in August 2019. There was a lot of discussion about this issue in the whole country, in the real sense, now the countrymen have completely felt India as their own.
The right thing is that India seems incomplete without Jammu and Kashmir, after the removal of Article 370 and 35A, every person can become a citizen of that. So let me tell you what will happen if Article 370 and 35A are abolished? Read carefully the points given below in Jammu and Kashmir.
- With the end of Article 370 and 35A, citizens of other states of India can become citizens of Jammu and Kashmir.
- Under this section, there used to be another flag of Jammu and Kashmir, but now the flag will fly only with the tricolor.
- Under this, there was a second constitution of Jammu and Kashmir, and now the Indian Constitution is applicable there.
- The dual citizenship of the people of Jammu and Kashmir will end.
- They will now be two union territories, separate Jammu and Kashmir and separate Ladakh.
- There will be a Legislative Assembly in Jammu and Kashmir but not in Ladakh. Meaning there will be no local government of Ladakh.
- Girls of Jammu and Kashmir will now have the freedom to marry boys from other states.
- The government of Jammu and Kashmir will now be of five years instead of six years.
- Now a citizen of any other state can work on it, and can also buy land on it.
- Now the citizens there will be able to take advantage of every law of the Government of India.
Even though the country of India was independent, till now the state of India, Jammu and Kashmir was not completely independent. Whereas this state is considered as the heaven of India. To get it, Pakistan keeps on doing something every day. Anyway, as we told you above that Jammu and Kashmir was not completely India’s right. About which we have also told you in detail.
But now the government has abolished this section and has been given special rights to this state completely like other states in India.
With the abolition of Article 370 and 35A, we will be able to give the right to the citizens of other states of India to buy land in Jammu and Kashmir and get government jobs and admission in the state’s higher education institutions. And after its removal, the discrimination between women and men in the state regarding rights has ended.
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