,
6 tweets,
5 min read
Read on Twitter
Scrapping #Article370: What does it mean?
What were the ramifications of notifications issued by Kashmir's Maharaja Hari Singh? What are state subjects? What exclusive rights did state subjects hold? How did #35A come into being?
Explains @sarthakraizada Advocate, Supreme Court
What were the ramifications of notifications issued by Kashmir's Maharaja Hari Singh? What are state subjects? What exclusive rights did state subjects hold? How did #35A come into being?
Explains @sarthakraizada Advocate, Supreme Court
What is Article 35A?
#Article35A guaranteed exclusive rights to permanent residents of Jammu & Kashmir like exclusivity in employment, grants, education & property rights. This meant that an ordinary Indian citizen could not buy property in J&K. This was clearly discriminatory.
#Article35A guaranteed exclusive rights to permanent residents of Jammu & Kashmir like exclusivity in employment, grants, education & property rights. This meant that an ordinary Indian citizen could not buy property in J&K. This was clearly discriminatory.
What took so long?
Several deliberations between State & Central govt took place over the years but in vain. A host of petitions were even filed citing the discriminatory nature of #Article35A. On many occasions the Hon. Supreme Court refused to entertain these petitions.
Several deliberations between State & Central govt took place over the years but in vain. A host of petitions were even filed citing the discriminatory nature of #Article35A. On many occasions the Hon. Supreme Court refused to entertain these petitions.
What are the implications of #Article370Scrapped?
- The 1954 order stands superseded & any provision extended to J&K stands abrogated
- The Indian constitution as of today stands applied to the state of J&K
#JammuAndKashmir stands integrated with India in letter & spirit.
- The 1954 order stands superseded & any provision extended to J&K stands abrogated
- The Indian constitution as of today stands applied to the state of J&K
#JammuAndKashmir stands integrated with India in letter & spirit.
What about state legislations enacted on the basis of #35A?
J&K's state legislation stands as is and is currently in conflict with the Indian constitution after #Article370Scrapped. The government has to ensure that these legislations are also dealt with next step forward.
J&K's state legislation stands as is and is currently in conflict with the Indian constitution after #Article370Scrapped. The government has to ensure that these legislations are also dealt with next step forward.
Can Central govt amend J&K's state legislation?
As Presidential rule is already in force in the state of #JammuAndKashmir, the Parliament is in power to assume the powers of the state legislature & amend any existing state laws & bring J&K in conformity with the rest of India.
As Presidential rule is already in force in the state of #JammuAndKashmir, the Parliament is in power to assume the powers of the state legislature & amend any existing state laws & bring J&K in conformity with the rest of India.
