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Supreme Court to hear Pleas challenging Article 35A after Diwali, which talks about Special Rights and privileges of Permanent Residents of Jammu and Kashmir

Article 35A talks about special rights and privileges given to only permanent residents of Jammu and Kashmir

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The Supreme Court of India
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  • The plea said that the special status which people of Jammu and Kashmir enjoys should be canceled
  • In 1954 by a Presidential Order, Article 35A was added to the Indian Constitution
  • The Plea has also challenged a particular provision of the Constitution which denies the right over the property to a woman who marries someone who is from outside the state 

New Delhi (India), August 25, 2017: After Diwali, the Supreme Court of India will hear pleas which challenge the Article 35A, the article talks about special rights and privileges given to people who are permanent residents of Jammu and Kashmir.

Supposedly, the date decided for the hearing of pleas was August 29 but both the Centre and state government of Jammu and Kashmir wanted 4 weeks’ time in order to file their replies respectively, due to this reason the hearing has been postponed to a later date.

The plea said that the special status which people of Jammu and Kashmir enjoys should be canceled.

The Supreme Court was earlier in favor of hearing the case by a constitution bench consisting of 5 judges if the Article 35A is ultra vires (beyond one’s legal power or authority) of the Indian Constitution or if there is any sort of procedural lapse (defective execution of work).

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The meaning of Article 35A as per Constitution is that the article gives the right to the state legislature of Jammu and Kashmir to call them permanent residents of that state and also give those (permanent residents) some special rights and privileges whereas by article 370 a special status is given to the state- Jammu and Kashmir.

In 1954 by a Presidential Order, Article 35A was added to the Indian Constitution. According to ANI report, “It also empowers the state’s legislature to frame any law without attracting a challenge on grounds of violating the Right to Equality of people from other states or any other right under the Indian Constitution.” This is the kind of power that this Article holds.

This Article was dragged into controversy after a 2nd plea, was filed by a lawyer and former member of the National Commission for Women Charu Wali Khanna. In her plea, she challenged Article 35A of the Indian Constitution and also Section 6 (talks of permanent residents of the state) of the Jammu and Kashmir Constitution.

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The Plea has also challenged a particular provision of the Constitution which denies the right over the property to a woman who marries someone who is from outside the state. This provision which leads the woman to lose rights over property is also applied to her son.


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The Institution Of Governors to Play Crucial Role: Modi

Governors could leverage their experience in different walks of life

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The Institution Of Governors to Play Crucial Role: Modi
The Institution Of Governors to Play Crucial Role: Modi, flickr

Prime Minister Narendra Modi said on Monday the Governors had a crucial role to play within the constitutional framework and they could ensure better implementation of the central schemes for the benefit of a larger section of the population.

Addressing the opening session of the 49th Conference of Governors at the Rashtrapati Bhavan, Modi said the Governors could leverage their experience in different walks of life to ensure people get the maximum benefit of various central development schemes and initiatives.

The institution of Governor had a “pivotal role to play within the federal structure and Constitutional framework of our country”, he said.

The Prime Minister said Governors of states with significant tribal population can help in ensuring financial inclusion of the tribal communities as well as in facilitating various government initiatives in fields such as education, sports and others to reach them.

This was in consonance with the message given by President Ram Nath Kovind earlier who asked the Governors to use their position in bringing about changes in the lives of those marginalised and enhancing higher education standards in the country.

Prime Minister Narendra Modi along with mayor
Prime Minister Narendra Modi along with mayor, flickr

The Prime Minister mentioned some key themes of development such as the National Nutrition Mission, electrification of villages and development parameters in the aspirational districts. He suggested that Governors could visit a few recently electrified villages to witness first-hand the benefits of electrification.

Noting that the Governors were also the Chancellors of state universities, he said they could help ensure that admissions, appointments, examinations and convocations were on time.

He said that International Yoga Day on June 21 could be utilized as an opportunity to generate greater awareness about yoga among the youth and the universities could also become the focal point for the celebrations for Mahatma Gandhi’s 150th anniversary.

Modi suggested that planning for the 50th Governors’ Conference next year should begin immediately. This effort should focus on making this annual event even more productive.

Earlier, in his inaugural address at the Conference, Kovind observed that the Governor was “a mentor and guide to the state and an important link in the federal structure”.

“As per the Constitution, the post of Governor has an exalted place in the scheme of governance. The Governor is a mentor and guide to the state and an important link in the federal structure.

“The people of the state view the office of the Governor and the Raj Bhavan as a fount of ideals and values,” he told the Governors and Lt Governors.

He said the Governors could help in shaping the roadmap for the betterment of lives of the citizens who have not benefited “as much as expected from our development journey”.

The central focus for this year’s conference is to sensitise the attending state heads to the programmes being implemented for citizens who have been left behind in the country’s developmental journey.

The two-day meet will discuss important issues including flagship programmes, internal security, higher education, skill development, steps taken on the report of Committee of Governors set up during the 48th Conference and commemoration of the 150th birth anniversary of Mahatma Gandhi.

It will also discuss schemes being run in the 115 aspirational districts across the country to help Governors better understand and enable them to guide the stakeholders in the welfare schemes for the poor, women, Dalits and tribals, farmers and young people, said Kovind.

“There are approximately 100 million people in our country who belong to the Scheduled Tribes. A majority of this population lives in regions that are covered under the Constitution’s Fifth and Sixth Schedule,” he said about the people who need support.

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Apart from the Governors and Lt Governors of all states and Union Territories, Vice President M. Venkaiah Naidu, various Union Ministers besides the NITI Aayog CEO and other senior officials were also at the meet. (IANS)