Article 35A 'constitutionally vulnerable': Arun Jaitley
TNN | Updated: Mar 29, 2019, 03:38 IST
Arun Jaitley (TOI photo)NEW DELHI: Citing several ways in which Article 35A of the Constitution was hurting people of J&K, finance minister Arun Jaitley on Thursday called the legislation "constitutionally vulnerable" and questioned its existence, asking why the rule of law that applied to the rest of the country did not apply to the state.
"Article 35A was surreptitiously included by a presidential notification in the Constitution in 1954. It discriminates between permanent residents of the state and all other Indian citizens living elsewhere. Lakhs of Indian citizens in J&K vote in Lok Sabha elections but not in the assembly, municipal or panchayat polls.
Their children cannot get government jobs. They cannot own property and their children cannot get admitted to government institutions. The same applies to those who live elsewhere in the country. The heirs of ladies marrying outside the state are disinherited from owing or inheriting property," Jaitley said in a blog post on Thursday. He said no investor was willing to set up an industry, hotel, private educational institution or private hospital since he could neither buy land or property nor could his wards get government jobs or admission to colleges.
"Article 35A has prevented investment and dismantled the state's economy. Article 35A, which is constitutionally vulnerable, is used as a political shield by many but it hurt the common citizen of the state the most. It denied them a booming economy, economic activity and jobs," he said.
The FM said the state's seven-decade history confronted India with several questions. "Was the Nehruvian course a historical blunder or was it the correct course to follow? Most Indians today believe that it is the former," he added.
Questioning why the rule of law that applied to the rest of the country did not apply to the state, Jaitley asked, "Should violence, separatism, mass stone throwing, vicious ideological indoctrination be allowed on the plea that if we check it, it will have a negative effect. It is this misconceived policy that has proved to be counter-productive."
He said the present government had decided that the rule of law must equally apply to J&K in the interest of the people of Kashmir Valley and the larger interest of India.
"Article 35A was surreptitiously included by a presidential notification in the Constitution in 1954. It discriminates between permanent residents of the state and all other Indian citizens living elsewhere. Lakhs of Indian citizens in J&K vote in Lok Sabha elections but not in the assembly, municipal or panchayat polls.
Their children cannot get government jobs. They cannot own property and their children cannot get admitted to government institutions. The same applies to those who live elsewhere in the country. The heirs of ladies marrying outside the state are disinherited from owing or inheriting property," Jaitley said in a blog post on Thursday. He said no investor was willing to set up an industry, hotel, private educational institution or private hospital since he could neither buy land or property nor could his wards get government jobs or admission to colleges.
"Article 35A has prevented investment and dismantled the state's economy. Article 35A, which is constitutionally vulnerable, is used as a political shield by many but it hurt the common citizen of the state the most. It denied them a booming economy, economic activity and jobs," he said.
The FM said the state's seven-decade history confronted India with several questions. "Was the Nehruvian course a historical blunder or was it the correct course to follow? Most Indians today believe that it is the former," he added.
Questioning why the rule of law that applied to the rest of the country did not apply to the state, Jaitley asked, "Should violence, separatism, mass stone throwing, vicious ideological indoctrination be allowed on the plea that if we check it, it will have a negative effect. It is this misconceived policy that has proved to be counter-productive."
He said the present government had decided that the rule of law must equally apply to J&K in the interest of the people of Kashmir Valley and the larger interest of India.
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