Tag: #Article35A

Kapil Sibal Criticizes Centre’s Approach to Jammu and Kashmir Situation: Democracy and Development in Question

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Centre is making Mockery of Democracy: Kapil Sibal

Debate on Democracy and Development Intensifies Amid Ongoing Legal Proceedings In a significant turn of events, Senior Advocate Kapil Sibal has raised strong concerns over the Centre’s approach towards the ongoing situation in Jammu and Kashmir. His comments came as a response to Solicitor General Tushar Mehta’s assertions regarding the state of affairs following the abrogation of Article 370. On the 13th day of the ongoing hearing, Mehta emphasized the progress witnessed in Jammu and Kashmir post-Article 370’s abrogation. He argued that the right individuals were placed under house arrest…

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Centre to Supreme Court: J&K polls can be held anytime, Statehood timeline undecided

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Centre to Supreme Court: J&K polls can be held anytime, Statehood timeline undecided

The Union government on Thursday informed the Supreme Court that it is ready for elections at any time in Jammu and Kashmir. Solicitor General Tushar Mehta, appearing for the government, said that the process of updating the voter list is substantially over. Mehta said that the legislative assembly elections in Jammu and Kashmir are likely to be held after panchayat polls and municipal polls. It is, however, for the State Election Commission and the Central Election Commission to decide which election should take place first, he added. “There are three…

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Article 35A: The Debate Continues in the Supreme Court

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Article 35A: The Debate Continues in the Supreme Court

Article 35A empowered Jammu and Kashmir’s legislature to decide who the erstwhile state’s permanent residents were The ongoing hearing in the Supreme Court on petitions challenging the centre’s 2019 decision to strip Jammu and Kashmir of its special status has brought Article 35A of the Constitution back into the spotlight. What was Article 35A? Article 35A empowered Jammu and Kashmir’s legislature to decide who the erstwhile state’s permanent residents were and to extend special rights and privileges to them. This was added to the Constitution in 1954 by a presidential…

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Supreme Court Hearing on Article 370: Centre says Statehood of J&K will be Restored

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Supreme Court Hearing on Article 370: Centre says Statehood of J&K will be Restored

As SG appeared to be critical of previous governments, CJI told him that he was representing Government of India and in constitutional theory, Government of India was a perpetual entity Maintaining that the current status Jammu and Kashmir as a Union Territory was temporary, the Centre on Monday told the Supreme Court that its statehood will be restored. “It’s necessary that for some time it (J&K) remains under the Union as a Union Territory. The Hon’ble Home Minister has said in the House that this is a temporary measure. Ultimately,…

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Supreme Court Strikes Down Article 35A, Says It Violated Fundamental Rights of Indians

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Supreme Court Strikes Down Article 35A, Says It Violated Fundamental Rights of Indians

Article 35A, which granted special rights to permanent residents of the erstwhile state of Jammu & Kashmir, took away a bundle of fundamental rights of the people of India, the Supreme Court observed on Monday, while hearing the matter of the abrogation of Article 370 and the restructuring of J& K into two Union territories. According to a Constitution bench headed by Chief Justice of India Dhananjaya Y Chandrachud, Article 35A, which was added to the Constitution by a Presidential Order in 1954, denuded people of at least three fundamental…

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Article 35A constitutionally vulnerable, hampering J&K’s development: Arun Jaitley

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Finance minister Arun Jaitley Thursday said Article 35A, which restricts non-permanent residents to buy property in Jammu and Kashmir, is “constitutionally vulnerable” and also hampering economic development of the state.The statement comes amidst the Bharatiya Janata Party (BJP) pressing for early elections to the assembly in the state, which is presently under president’s rule. In a blog, Jaitley said the seven-decade history of Jammu and Kashmir confronts “changing India” with several questions. “Was the Nehruvian course, which the state had embarked, a historical blunder or was it the correct course…

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Chaos across Valley ahead of Article 35A hearing in Supreme Court

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The mood in the Kashmir valley was one of dread ahead of the Supreme Court’s hearing of challenges to Article 35 A, which gives special rights to the state of Jammu & Kashmir. The petitions challenge Article 35 A of the Constitution, which empowers the Jammu and Kashmir’s legislature to define “permanent residents” of the state and provide special rights and privileges to them. The state’s mainstream regional parties and separatist organisations all believe , despite their other differences, that the Article should stay. “Everybody is anxious. We are a…

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Shutdown tomorrow to protest the mass arrest, censorship and any tampering with article 35-A: Joint Resistance Leadership

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The joint resistance leadership (JRL) comprising Syed Ali Geelani, Mirwaiz Umar Farooq and Muhammad Yasin Malik on Saturday called for shutdown tomorrow to protest the mass arrest, censorship and any tampering with article 35-A. In a statement issued here the leadership said that the arbitrary arrest of JKLF chairman Yasin Malik and the “mass crackdown and illegal detention” of more than 150 Jamat e Islami cadre and leadership including its Ameer Abdul Hamid Fayaz last night in nocturnal raids across the valley looks to be not only part of the…

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Shutdown, Protests held across Kashmir, Rajouri, Poonch ahead of hearing on Article 35A

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Protests were held on Thursday in Tangdhar and Tral township of north and south Kashmir districts of Kupwara and Pulwama respectively to support Article 35-A which has been challenged in the Supreme Court. Reports said that scores of residents of Tral township, including members of Sikh community, staged a protest in the main town against attempts to scrap Article 35-A, which grants special privileges to residents of Jammu and Kashmir. People from all walks of life, including trade unions, took part in the protest. The protesters, carrying placards and banners,…

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Muzaffar Hussain Baig to defend Article 35A in Supreme Court: PDP

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Peoples Democratic Party (PDP) President Mehbooba Mufti on Wednesday held a detailed meet with her party ’s top leadership over the per cent political situation and measures needed to be taken to defend Article 35-A at country’s top court. PDP chief spokesman Rafi Ahmad Mir said party President and former Chief Minister Mehbooba Mufti presided over the meeting of party leaders at her Srinagar residence today. He said the meeting discussed in detail the current political situation in the state and need to safeguard Article 35-A. “It was unanimously agreed…

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