Article 35A

In an event on Kashmir in Srinagar, when the argument over the special status of Jammu and Kashmir, Chief Minister Mehbooba Mufti veiled threat to India. In the debate, she said, if Article 35A of the Constitution or the Permanent Resident Act 35A tampers, then nobody will be left to protect Indian Tricolor in Jammu and Kashmir.

Article 35A is an Act of Indian Constitution that empowers the Jammu and Kashmir’s State legislature to define “Permanent Residents” of the state and provide special status to the permanent residents.

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Petition in Supreme Court (SC) is running on Challenge to Article 35A by NGO- ‘We The Citizens’. The SC has now assigned the case to a three-judge bench for a larger debate over it. In significance to this, Mehbooba said that any tampering in its status would be backlashed and nobody will be able to protect the Indian flag in Jammu and Kashmir.

“Who is doing it? Why are they doing it? (Challenging the Article 35A). Let me tell you that my party and other parties who carry the national flag there (in Jammu and Kashmir) despite all risks. I have no doubt in saying that there will be no one to hold it,” she said at an event in Srinagar.

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Split between PDP and BJP has been publicly visible not only on the issue of dialogue but also on the special status. “There have been special provisions in the Constitution of India for the state of Jammu and Kashmir. Unfortunately, with the passage of time something happened somewhere that both sides started doing dishonesty,” Mehbooba Mufti said.

In 1954 the provision was implemented under the President Rajendra Prasad. He used the powers conferred on him by Article 35A to introduce the “Constitution (Application to Jammu and Kashmir) Order 1954.”

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