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Supreme Court to hear petitions challenging Article 35A from Feb 26-28, J&K tense

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Supreme Court to hear petitions challenging Article 35A from Feb 26-28, J&K tense

[vc_row][vc_column][vc_column_text]Petitions listed for hearing despite J&K government and Kashmiri political parties requesting for pleas to be deferred till elections are held in the state

Amid heightened tension with an ongoing crackdown by security forces and continued clashes between forces and militants after the massive February 14 Pulwama terror attack, the Supreme Court today (Monday, Feb 25) listed the hearing of pleas challenging the constitutional validity of Article 35A from February 26-28.

Article 35A (relating to the special rights and privileges enjoyed by Jammu and Kashmir) is widely seen in the state as being critical for sustaining peace, law and order in the Kashmir Valley. It empowers the J&K legislature to define the state’s “permanent residents” and bestow special rights and privileges on them.

The decision to list the petitions this week comes despite the counsels of the State, which is currently under President’s Rule, urging the top court to defer the hearing. Key political players in the State – Mehbooba Mufti’s PDP and Farooq Abdullah’s National Conference – too have repeatedly urged the top court to defer the hearings, arguing that the State must first go to assembly polls and that the government elected by the people can then decide the legal stand to be taken on these petitions.

While BJP and Narendra Modi government favour abrogation of Article 35A, viewing it as a permanent solution to Kashmir problem, even BJP ally and Peoples’ Conference president Sajjad Lone warned them against any tampering with the provision. Speaking to The Indian Express, Lone said that any change introduced to the special Constitutional character will only deteriorate the situation further in the state.

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Lone said that the if the Centre decides to fiddle with Article 35-A, it will be slaughter of the mainstream thought in the Valley. “You have to understand that these are Articles of trust, Articles of dignity. This is how India as a country is perceived here — will it or will it not stand by its promises? It would be the unluckiest day because that would be the death of mainstream thought here,” Lone told the daily.

“If they (Centre) want to slaughter the mainstream thought, they are most welcome but that is what they will be doing by tinkering with Article 35A,” he added.

The decision to hear the petitions against Article 35A comes at a time when the BJP-led Union government of Prime Minister Narendra Modi is under renewed pressure from the Hindu right-wing to take a firm stand in favour of the prayer to abolish the special status granted to J&K under the Constitution.

The Centre has, traditionally, been neutral on petitions that have challenged Article 35A and Article 370. However, abolition of these Articles has been high on the political agenda on the BJP and a long-pending election manifesto promise of the saffron party.

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In wake of the Pulwama terror strike, the Hindu right has once again become vocal in its demand for the Articles to be abolished and there have been indications that the Centre might finally take a decision that reflects the sentiments of its vote bank.

The Article has been criticised by the BJP as a provision that encourages alienation, deepens the concept of a separate identity and creates a political gap between J&K and the rest of India. “Article 35A is a constitutional mistake. It was incorporated through a presidential order and not through the parliamentary process,” said Surinder Amabardar of the state BJP last year.

Those in favour of retaining Article 35A fear that its repeal would lead to further erosion of J&K’s autonomy and trigger demographic change in the Muslim majority valley. Some political parties say the Kashmir resolution lies in greater autonomy, even as separatists fan paranoia about the possibility of Hindus ‘flooding’ the valley.

On Sunday, J&K governor Satya Pal Malik issued a statement urging people not to spread rumours and remain calm after the state administration issued many orders including supplying ration at the earliest, cancelling leave of doctors and policemen, rationing of petrol to the general public, leading to a war hysteria. The widespread arrests of Jamaat-e-Islami cadres and separatists contributed to these rumours.

Article 35A was added to the Constitution through a presidential order in 1954. The law prohibits non-permanent residents from a permanent settlement in the state, acquiring immovable property, government jobs, scholarships, and aid. Some also argue that the Article is discriminatory against J&K women as it rules out their state subject rights if they married non-permanent residents.

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[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text css=”.vc_custom_1551096653889{border-top-width: 10px !important;border-right-width: 10px !important;border-bottom-width: 10px !important;border-left-width: 10px !important;padding-top: 10px !important;padding-right: 10px !important;padding-bottom: 10px !important;padding-left: 10px !important;background-color: #c6c6c6 !important;border-radius: 10px !important;}”]Article 35A is a unique provision of the Constitution of India. It is a part of the Constitution, but does not figure in the bare Act! One does not find Article 35A after Article 35 in the Constitution. Article 35 is followed by Article 36. But, 35A can be seen in Appendix  i  of  the  Constitution.  It was conceived exclusively for the benefit of the State of Jammu and Kashmir through a Presidential Order issued in 1954. It empowers the Jammu and Kashmir State Legislature to define the State’s ‘permanent residents’ and their special rights and privileges. It was specially devised to save the State subject laws that had already been defined under  the  Dogra ruler Maharaja Hari Singh’s regime and notified in 1927 and 1932. However, this Article which came into force in 1954 without a place in the bare Act of the Constitution was unknown to the public. It came into limelight only when cases were filed in the apex court challenging its validity, thereby raising an intense debate.

TEXT  OF  THE ARTICLE:   ‘35A.  Saving  of  laws  with  respect  to  permanent  residents and their rights –

Notwithstanding  anything  contained  in  this  Constitution,  no  existing  law  in  force  in  the  State  of  Jammu  and  Kashmir,  and  law  hereafter  enacted  by  the  Legislature of the State

(a) defining the classes of persons who are or shall be permanent residents of   the State of Jammu and Kashmir; or

(b)  conferring  on  such  permanent  residents  any  special  rights  and  privileges,  or    imposing upon other persons any restrictions, as respects

i.Employment under the State Government;

ii.Acquisition of immovable property in the State;

iii  .Settlement in the State; or

iv.Right   to   scholarships   and   such   other   forms   of   aid   as   the   State   Government may provide shall be void on the ground that it is inconsistent with or takes away or abridges any rights conferred on the other citizens of India by any provision of this Part’.

[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Farooq Abdullah, his son Omar Abdullah and Mehboona Mufti – all former chief ministers of J&K – have gone on record with their opposition to any attempt that will dilute Article 35A and Article 370.

In a series of tweets late Sunday, Mufti said:

“Valley rife with speculation about status of Article 35. Before taking a decision, GoI must consider –

  1. J&K was the only Muslim majority state that chose a secular India over Pak during partition. 2. Article 370 is the constitutional connection between J&K & Indian Union.
  2. Instrument of accession is contingent on Article 370 which is inextricably linked to Article 35 A.
  3. Any tampering will render Treaty of Accession null & void.
  4. Those frothing at the mouth & calling for its removal shouldnt blame Kashmiris for the developments that will follow such a hare brained decision.” (sic)

Reacting to the listing of the petitions in the Supreme Court from February 26 to February 28, and to unsubstantiated reports that the Centre might take a stand against the continuance of Article 35A, Omar Abdullah told reporters: “The Centre and Governor have only one responsibility right now and that is to hold elections. So, hold elections, let people take the decision, the new government will itself work towards safeguarding Article 35A.”

In October 2002, the J&K high court held that women married to non-permanent residents will not lose their rights. The children of such women however don’t have succession rights.

An NGO, We the Citizens, challenged 35A in the SC in 2014 on the grounds that it was not added to the Constitution through an amendment under Article 368. It was never presented before Parliament, and came into effect immediately, the group argued.

In another case in the SC last year in July, two Kashmiri women argued that the state’s laws, flowing from 35A, had disenfranchised their children.

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Responding to their plea, the apex court sent notices to the Centre and state in July 2017. Advocate General K Venugopal told the bench of the then Chief Justice of India (CJI) J S Khehar and Justice D Y Chandrachud that the petition against Article 35A raised “very sensitive” questions that required a “larger debate”.

On May 14, 2018, the SC deferred hearing on the petitions challenging Article 35A. The Centre told the bench that the matter is very sensitive and since the interlocutor is making efforts for a solution, the court should not pass any interim order at present as it would be counterproductive.

Representing the J&K government, advocate Rakesh Dwivedi said SC has already settled the issue by ruling that Article 370 of the Constitution has already attained permanent status. “In any event as the issue required interpretation of various constitutional provisions, let there be no interim order,” Dwivedi appealed to the bench.

Senior advocate Ranjit Kumar, counsel to a petitioner, countered and said: “It is a strange situation in J&K as persons from Pakistan can come and settle in the state under a law but those who have been staying for generations cannot even get a government job.”

The SC then deferred the hearing to August 6 then again to August 27 and then August 31, 2018.[/vc_column_text][/vc_column][/vc_row]

India News

Punjab wrestler shot dead while bursting Diwali firecrackers in Kapurthala

A 27-year-old wrestler was shot dead outside his home in Kapurthala while bursting Diwali firecrackers. Police are investigating the shooting and trying to establish the motive.

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Punjab Wrestler shot dead

A 27-year-old wrestler was shot dead outside his home in Punjab’s Kapurthala while bursting firecrackers during Diwali celebrations on Monday evening.

The victim was identified as Mani alias Pehlwan, a resident of Mohalla Mehtabgarh in Kapurthala. According to reports, the incident took place at around 7:30 pm when he was outside his house.

What happened in Kapurthala

According to the preliminary information, some unidentified youths reached the spot and opened fire. A bullet struck Mani in the chest, causing him to collapse.

His family members rushed him to Civil Hospital in Kapurthala, where doctors declared him dead on arrival.

Mani’s father, Bagga, said his son was a wrestler and had no known personal dispute or enmity with anyone. The family said he had been bursting firecrackers outside the house when the shooting took place.

Police probe underway

DSP Sheetal Singh and a police team reached the spot after receiving information about the shooting. Police are recording statements from the victim’s family and investigating the circumstances surrounding the killing.

The identities of the attackers and the motive behind the shooting had not been established in the initial reports.

The family said Mani had married a woman from Begowal a few months ago. He is survived by his parents and four sisters.

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India News

Nayab Saini takes a dig at Bhagwant Mann over alleged drinking habit

Haryana Chief Minister Nayab Singh Saini criticised Punjab CM Bhagwant Mann over an alleged drinking habit, days after Rahul Gandhi made a similar remark at a Sangrur rally.

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CM Mann

Haryana Chief Minister Nayab Singh Saini has stepped up the political attack on Punjab Chief Minister Bhagwant Mann over an alleged drinking habit, days after Congress leader Rahul Gandhi made a similar allegation at a rally in Sangrur.

Saini appealed to people in Punjab to help Mann give up alcohol while referring to the state’s ongoing battle against drug abuse.

“Mann sahab ki daaroo chhurwao, tabhi nasha khatam ho sakta hai,” Saini said, according to the report. The remark translates to an appeal to help Mann quit drinking, linking the comment to the broader issue of addiction in Punjab.

Rahul Gandhi’s earlier allegation against Mann

The latest political exchange follows remarks made by Rahul Gandhi at a Congress rally in Sangrur on November 4.

Recalling his time in Parliament with Bhagwant Mann, Gandhi alleged that he could smell alcohol on Mann’s breath even at around 11 am. Gandhi, however, said that drinking was Mann’s personal matter.

Gandhi’s argument was that the issue becomes relevant because the Punjab government is expected to lead the fight against substance abuse.

Saini backs Rahul Gandhi’s remarks

Saini had earlier supported Gandhi’s comments, describing them as “absolutely true” and recalling that the two politicians had sat together in the Lok Sabha when they were part of the INDIA alliance.

His latest remarks have extended the political criticism of Mann, bringing the Haryana Chief Minister into the controversy surrounding the Punjab Chief Minister’s alleged drinking habit.

AAP calls remarks a personal attack

The Aam Aadmi Party has rejected the criticism directed at Mann and described Rahul Gandhi’s remarks as a “below-the-belt” personal attack.

AAP also accused the Congress and BJP of joining hands to target the Punjab Chief Minister.

The controversy comes ahead of the 2027 Punjab Assembly election and has added a personal dimension to the opposition’s wider criticism of the AAP government’s handling of drugs and law and order in the state.

It is important to note that the drinking-related statements in the political controversy are allegations made by political opponents and should not be presented as independently established facts.

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Sonia Gandhi says she has little contact with PM Modi, says he avoids eye contact

Sonia Gandhi has said she has had “practically no real contact” with Prime Minister Narendra Modi, describing their interactions at official gatherings as brief and formal.

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Sonia Gandhi

Former Congress president Sonia Gandhi has described her interactions with Prime Minister Narendra Modi as extremely limited, saying they have had “practically no real contact” despite their long political rivalry.

In her memoir Belonging: A Journey of Love, released on Tuesday, Gandhi writes that she and Modi generally meet only at semi-official gatherings, including occasions when political leaders gather in the Speaker’s chamber.

She says their encounters are usually limited to a formal greeting.

According to Gandhi’s account, when Modi comes face-to-face with her, the two exchange a formal “namaste”. She then writes that he “tends to look away, avoiding eye contact”.

Sonia Gandhi describes ideological differences

Gandhi also says that her differences with Modi extend beyond their political rivalry and reflect contrasting ideas about India.

She writes that Modi was fighting for his vision of India, while she stood for an India based on inclusiveness, secularism and social justice. She described the differences as ideological rather than personal.

At the same time, Gandhi acknowledges aspects of Modi’s political journey that she says she could relate to. She writes that he had worked his way to power within the RSS from an underprivileged world.

What Sonia Gandhi says about their conversations

Gandhi says that apart from brief exchanges, she and Modi have not really conversed. She adds that they have exchanged formal birthday and New Year greetings over the years.

She also recalls occasions when Modi asked about her wellbeing after she returned from hospital, to which she responded politely.

The memoir also contains Gandhi’s broader reflections on Modi’s politics, the RSS and his criticism of former Prime Minister Jawaharlal Nehru. These are presented as Gandhi’s own political views and interpretations in the book.

About Sonia Gandhi’s memoir

Belonging: A Journey of Love is Sonia Gandhi’s personal memoir, covering her life in Italy and the UK, her relationship with Rajiv Gandhi, her arrival in India and her decades in public life. It also discusses her relationship with former Prime Minister Indira Gandhi and several major personal events in her life.

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