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The Supreme Court on Tuesday admitted a plea which challenges the legality of Article 370 of the Constitution.
The top court issued a notice to the Centre seeking a reply to the plea that challenges the special status given to the state of Jammu and Kashmir under the Article.
The plea claimed that the Article has "lapsed".
The top court's decision comes at a time when a debate on Article 35A of the Indian Constitution, which is interlinked with Article 370, is brewing as there have been legal challenges involving that Article as well.
The public interest litigation (PIL) was filed in December 2015 by a Rashtriya Swayamsevak Sangh (RSS)-linked organisation called 'We the Citizen'.
What are Article 370 and Article 35A?
Article 35A of the Indian Constitution empowers the state assembly of Jammu and Kashmir to define “permanent residents” of the state and grant exclusive rights and privileges to them.
Article 370 of the Constitution grants special 'autonomous' status to the state of Jammu and Kashmir, empowering them to formulate certain laws on their own.
According to Article 35A, a non-permanent resident of Jammu and Kashmir cannot buy a property or settle in Jammu and Kashmir. Such an individual is also not allowed to vote and contest in state Assembly election or cannot get a job in the Jammu and Kashmir government.
Hence, it is Article 35A that has helped Jammu and Kashmir retain its current demography.
Unlike Article 370, 35A was inserted in the constitution by a Presidential Order in 1954, without the confidence of the parliament.
What is the debate?
Any talk of revoking Articles 370 and 35A is questioned by the People’s Democratic Party, which governs Jammu and Kashmir, and the principal opposition National Conference party, among other political outfits in the state.
According to them, revoking the Article 35A threatens the fundamentals under which the state of Jammu and Kashmir had acceded to the Indian Union and functions within the country.
Critics also point out that such a move would circumscribe the 'Kashmiri identity'.
What happens if it is repealed?
Article 35A can be repealed by either an act of the Parliament or by a verdict of the Supreme Court.
If repealed, all of the 41 Presidential Orders delivered in that respect will be null and void. It would also end exclusive rights and privileges given to "permanent resident".
Replying to the Supreme Court, the Centre said that the issue involves constitutional complexities and only the Supreme Court taking a decision on it would be appropriate.
The top court is likely to hear the matter again later in August.
http://www.moneycontrol.com/news/tr...article-370-all-you-need-to-know-2354523.html
The top court issued a notice to the Centre seeking a reply to the plea that challenges the special status given to the state of Jammu and Kashmir under the Article.
The plea claimed that the Article has "lapsed".
The top court's decision comes at a time when a debate on Article 35A of the Indian Constitution, which is interlinked with Article 370, is brewing as there have been legal challenges involving that Article as well.
The public interest litigation (PIL) was filed in December 2015 by a Rashtriya Swayamsevak Sangh (RSS)-linked organisation called 'We the Citizen'.
What are Article 370 and Article 35A?
Article 35A of the Indian Constitution empowers the state assembly of Jammu and Kashmir to define “permanent residents” of the state and grant exclusive rights and privileges to them.
Article 370 of the Constitution grants special 'autonomous' status to the state of Jammu and Kashmir, empowering them to formulate certain laws on their own.
According to Article 35A, a non-permanent resident of Jammu and Kashmir cannot buy a property or settle in Jammu and Kashmir. Such an individual is also not allowed to vote and contest in state Assembly election or cannot get a job in the Jammu and Kashmir government.
Hence, it is Article 35A that has helped Jammu and Kashmir retain its current demography.
Unlike Article 370, 35A was inserted in the constitution by a Presidential Order in 1954, without the confidence of the parliament.
What is the debate?
Any talk of revoking Articles 370 and 35A is questioned by the People’s Democratic Party, which governs Jammu and Kashmir, and the principal opposition National Conference party, among other political outfits in the state.
According to them, revoking the Article 35A threatens the fundamentals under which the state of Jammu and Kashmir had acceded to the Indian Union and functions within the country.
Critics also point out that such a move would circumscribe the 'Kashmiri identity'.
What happens if it is repealed?
Article 35A can be repealed by either an act of the Parliament or by a verdict of the Supreme Court.
If repealed, all of the 41 Presidential Orders delivered in that respect will be null and void. It would also end exclusive rights and privileges given to "permanent resident".
Replying to the Supreme Court, the Centre said that the issue involves constitutional complexities and only the Supreme Court taking a decision on it would be appropriate.
The top court is likely to hear the matter again later in August.
http://www.moneycontrol.com/news/tr...article-370-all-you-need-to-know-2354523.html
