Srinagar: Bharatiya Janta Party leader and Member of Legislative Council Ramesh Arora said on Wednesday that the legality of Article 35A is questionable.
“In 1954 the President made an amendment in the Constitution by inserting Article35 A without following the due course of law,” Arora said. “Its legality is questionable because the amendment should have been passed by both the Lok Sabha and the Rajya Sabha with majority vote. So, the proper legal procedure was not followed in the Constitutional amendment to bring 35A.”
Arora said that Article 35A was illegal and needed to be challenged in court. “The president can’t amend the Constitution by himself. It is illegal,” he said.
He also said that Article 35A was the cause of suffering for the people of Jammu and Kashmir. “We could not keep pace with the progress of the rest of the country. Our students suffer and many other problems arise due to this Article,” Arora said. “We can do away with Article 35A as special rights remain reserved with the state by virtue of Article 370.”
Article 35A allows the Jammu and Kashmir legislature to define the list of ‘permanent residents’ of the state, who are eligible to vote, work for the state government and own land.
Chief Minister Mehbooba Mufti has warned against tinkering with Article 35A. She said nobody in Kashmir would carry the Indian tricolour if the Article was harmed.