{"id":2472,"date":"2015-08-20T09:35:33","date_gmt":"2015-08-20T04:05:33","guid":{"rendered":"http:\/\/peacewatchkashmir.com\/blog\/?p=2472"},"modified":"2015-08-23T08:53:31","modified_gmt":"2015-08-23T03:23:31","slug":"88-year-old-state-subject-law-in-peril-cautions-ab-majid-zargar","status":"publish","type":"post","link":"https:\/\/peacewatchkashmir.com\/blog\/featured\/88-year-old-state-subject-law-in-peril-cautions-ab-majid-zargar\/","title":{"rendered":"88 Year Old State Subject Law in Peril Cautions Ab. Majid Zargar"},"content":{"rendered":"<\/fb:like>

REMOVAL OF \u00a0ARTICLE 35A-PART OF AN AGENDA<\/p>\n

By<\/p>\n

Abdul Majid Zargar<\/em><\/p>\n

A writ petition challenging Article 35A of Indian constitution\u00a0 has been filed before Supreme Court of India by a\u00a0 RSS backed think tank. It may be recalled that this article was inserted in the Indian constitution through a presidential order\u00a0 promulgated under clause (1) of article 370 effective from 14th day of May 1954 to \u00a0afford \u00a0a protective shield to various rights bestowed by our own constitution on permanent residents\u00a0 of\u00a0 the State in matters of acquisition of immovable property, employment in State services, voting rights etc. etc. Once this shield is removed, these rights will become susceptible to many legal & political assaults which \u00a0will ultimately pave way for entry of non State subjects into the state\u00a0 putting in motion\u00a0 a second demographic change, the first having been engineered \u00a0by Sangh Parivar in Jammu region in 1947.<\/p>\n

Irrespective of the judicial fate of the writ petition, it is necessary to ponder over the\u00a0 question as to why did Sangh parivar wait for\u00a0 sixty one long years\u00a0 to take such a step loaded with mala-fide intentions ? After all its think tanks & affiliated organizations could have done this job without being in power or alternatively it could have done so earlier when in \u00a0power \u00a0at centre,\u00a0 albeit in coalition with other political parties, collectively referred to as National Democratic Alliance . The question needs\u00a0 to be put to a wider debate because it affects every section of people of the State\u00a0 across board.<\/p>\n

But\u00a0 before an informed debate is initiated, it is in order to put a word of clarification with respect to certain recent attempts by writers & columnists of\u00a0 comparing\u00a0 \u00a0Article 370 with\u00a0 Articles 371 to 371E(special provision in respect of Mahrashtra\u00a0 Gujrat & North eastern States).It \u00a0needs to be reiterated\u00a0 that there is a vast difference between Article 370 & other articles\u00a0 like Article 371 to 371E \u00a0in respect of both form and \u00a0substance. While the articles 371 to 371E \u00a0are titled \u201cSpecial\u201d, Article 370 is titled \u201cTemporary\u201d. The distinction needs to be noted as word \u201ctemporary\u201d was only reserved for Article 370 dealing\u00a0 with J&K, the intent & purpose being to make this article co-terminus with final settlement of the Kashmir dispute. Another noteworthy distinction \u00a0in respect of J&K is that this state has only acceded to India Union\u00a0 (The genuinity of accession itself is a separate debate)\u00a0 and not merged with it like all other states. That much has also been \u00a0acknowledged & accepted even by former Union Home Minster Mr. Chidambram when the Sangh Parivar raised\u00a0 a hue & cry\u00a0\u00a0 on this issue during UPA rule \u00a0in not so distant a \u00a0past.\"Maharaja-Hari-Singh1\"<\/a><\/p>\n

Having made the distinction, it is important to take \u00a0stock of important events happening in State\u00a0 \u00a0after the present coalition of PDP & BJP took over reins of the\u00a0 Govt.<\/p>\n

a) Even before\u00a0 the ruling coalition was firmly saddled in power, a \u00a0Minster from Jammu in PMO\u2019s office declared that Article 370 is on its way out. Incidentally this is also\u00a0 what Modi wants to say but does not say for strategic reasons.<\/span><\/p>\n

b) A move to issue Permanent resident\u00a0 certificates (PRCs)\u00a0 in schools in Jammu was\u00a0 initiated in utter contravention of \u00a0prescribed rules & procedures. It is reported that these PRCs\u00a0 will \u00a0now be issued on-line \u00a0in Jammu region. The explanation offered is that that the Govt. wants to remove cumbersome procedure in obtaining this certificate .The question arises- \u00a0\u00a0is there nothing else left in J&K which needs simplified procedures and why these moves are initiated in Jammu region only?<\/span><\/p>\n

c) Voices were raised vociferously to Settle West Pakistan refugees in Jammu.<\/span><\/p>\n

d) Muslims \u00a0in Jammu\u00a0 were harassed & evicted from their natural\u00a0 habitat under the pretext\u00a0 of clearance of forest areas.<\/span><\/p>\n

e) voices were raised to\u00a0 settle\u00a0 retired Army personnel by allotting them land, Industrial plots & other benefits. In fact 173 Kannals of\u00a0 land\u00a0 have\u00a0 already been identified in Srinagar for\u00a0 the purpose with more\u00a0 in the pipeline. Though a clarification to contrary has been issued by the Govt, but it raises more questions than it answers.<\/span><\/p>\n

f) Central statistics Act 2008 is proposed to be amended to include within its ambit the State of J&K in-spite of the fact that this State has its own law on the subject known as J&K State Statistics Act 2010.The proposed amendment will empower New-Delhi to collect & process personal information & data of People of J&K(generally known as profiling of civilians) without any permission\u00a0 of\u00a0 the State Govt. and making our own law redundant to that extent.<\/span><\/p>\n

g) And now a writ petition to challenge constitutional validity of Article 35A followed by announcement by Dy. CM, Nirmal Singh that Sangh Parivar has not changed its stand on Article 370.<\/span><\/p>\n

Put the above sequence of events\u00a0 in a\u00a0 perspective and a definite\u00a0 pattern emerges which\u00a0 makes\u00a0 it abundantly clear that Sangh Parivar has scripted a well crafted agenda to change\u00a0 the demographic character of the state second time\u00a0 by hook or by crook .The question as to why did it take so long to implement its agenda is explained by the fact of\u00a0 its having not-so-brute-majority in Indian parliament and absence of a willing partner\u00a0 at State level which it has\u00a0 found now\u00a0 in the form of PDP headed by Mufti Syed . New collaborators have been created in the state by the Sangh Parivar to lend a helping hand in furthering this agenda.<\/span><\/p>\n

My fear, shared by many others, \u00a0is that we are witnessing an era where even the higher Judiciary is influenced by ultra-nationalist propaganda & rhetoric. It is high time that people who have elected MLA\u2019s from PDP seek answers from them for playing this nefarious game and sooner it is done ,the better it is.<\/span><\/p>\n

(The author is a practicing chartered Accountant. E mail: abdulmajidzargar@gmail.com<\/a><\/p>\n

First Published in Kashmir Times.<\/p>\n<\/fb:like><\/span>","protected":false},"excerpt":{"rendered":"

REMOVAL OF \u00a0ARTICLE 35A-PART OF AN AGENDA
\nBy
\nAbdul Majid Zargar
\nA writ petition challenging Article 35A of Indian constitution\u00a0 has been filed before Supreme Court of India by a\u00a0 RSS backed think tank. It may be recalled that this article was inserted in the Indian constitution through a presidential order\u00a0 promulgated under clause (1) of article 370 effective from 14th day of May 1954 to \u00a0afford \u00a0a protective shield to various rights bestowed by our own constitution on permanent residents\u00a0 of\u00a0 the State in matters of acquisition of immovable property, employment in State services, voting rights etc. etc. Once this shield is removed, these rights will become susceptible to many legal & political assaults which \u00a0will ultimately pave way for entry of non State subjects into the state\u00a0 putting in motion\u00a0 a second demographic change, the first having been engineered \u00a0by Sangh Parivar in Jammu region in 1947.
\nIrrespective of the judicial fate …<\/p>\n","protected":false},"author":1,"featured_media":2449,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":"","_links_to":"","_links_to_target":""},"categories":[28],"tags":[],"class_list":["post-2472","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-featured"],"_links":{"self":[{"href":"https:\/\/peacewatchkashmir.com\/blog\/wp-json\/wp\/v2\/posts\/2472"}],"collection":[{"href":"https:\/\/peacewatchkashmir.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/peacewatchkashmir.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/peacewatchkashmir.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/peacewatchkashmir.com\/blog\/wp-json\/wp\/v2\/comments?post=2472"}],"version-history":[{"count":8,"href":"https:\/\/peacewatchkashmir.com\/blog\/wp-json\/wp\/v2\/posts\/2472\/revisions"}],"predecessor-version":[{"id":2482,"href":"https:\/\/peacewatchkashmir.com\/blog\/wp-json\/wp\/v2\/posts\/2472\/revisions\/2482"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/peacewatchkashmir.com\/blog\/wp-json\/wp\/v2\/media\/2449"}],"wp:attachment":[{"href":"https:\/\/peacewatchkashmir.com\/blog\/wp-json\/wp\/v2\/media?parent=2472"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/peacewatchkashmir.com\/blog\/wp-json\/wp\/v2\/categories?post=2472"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/peacewatchkashmir.com\/blog\/wp-json\/wp\/v2\/tags?post=2472"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}