Hindusthan Samachar
Banner 2 बुधवार, अप्रैल 24, 2019 | समय 22:10 Hrs(IST) Sonali Sonali Sonali Singh Bisht

A tale of two election manifestoes

By HindusthanSamachar | Publish Date: Apr 9 2019 4:55PM
A tale of two election manifestoes
Lucknow,April 09(HS) The BJP has chosen a path the Congress feared to tread .The former''s approach was cautious in its manifesto released last week as far as Kashmir is concerned.The BJP has thrown that to the wind and made a new and major commitment in its "sankalp Patrata", to do away with Article 35A of the constitution.The gamble may or may not pay,but, to BJP workers, it goes well with the slogan,"Modi hai to Mumkin Hai''.To the opposition,it is another "jumla". Expectedly,non-BJP leaders in Jammu and Kashmir has raised a lot of hue and cry.The reaction varied from "playing with fire" to "burning of India". It is understandable.People in the state enjoy special status.Many of them would not like this tag to be emoved.It can be liked by only those who want to come to the mainstream .It will not suit Pakistan.Nor will it be to the liking of Pak apologists. Even in the BJP there are some who did not see it coming.They knew the party is committed to removal of article 370.But there was no commitment about this Article.To them,it has come as a pleasant surprise. Of course, it was under discussion since 2014 when an NGO filed a petition,seeking removal of this article as it was "illegally" added to the constitution.Before it could end,another petition,calling it "discriminatory" was filed.The petitioner, a lawyer by profession, believed that it discriminated against women.The matter is still pending in the Supreme Court. There is need now to mention the provision made in Article 35A.It provides that no one except permanent residents will acquire, property or get government jobs,scholarship and aid. And who is a permanent resident? The then Maharaja of Kashmir,according to a report, had defined it thus:" permanent residents or state subjects are all those who were born or settled within the state before 1911, or after having lawfully acquired immovable property in the state for not less than 10 years prior to that date. Emigrants from the state, including those who migrated to Pakistan, are considered state subjects. Their descendants are also considered state subjects for two generations". It was modified after Article 35A was introduced. It defines a permanent resident as one" who was born or settled in the state before May 14, 1954, or who has been a resident of the state for 10 years and has lawfully acquired immovable property in the state". This amendment in the constitution was made by an "order" ,called, Constitution (Application to Jammu and Kashmir) Order.It was issued in 1954 under powers conferred on him by clause (1) of Article 370. Legal eagles say that since it is an order given by the President,it can be removed by another order. HS/RN
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