Daya Sagar
Art 35A had been otherwise ‘added’ in Constitution of India by a Presidential order as a ‘new’ Article for doing very special good to Indian Citizens who were placed in the category of Permanent Resident of J&K (PR of J&K) but instead even some of them / they (PR of J&K) were under disadvantage with human rights of woman violated and the Schedule Tribe having no reservation in the Legislative Assembly.. Had leaders like Dr.Farooq Abdullah gone for fair use all PR of JK would have stood for the cover of Art35A
Anyhow with The Constitution (Application to Jammu and Kashmir) Order, 2019 C.O. 272 of 05-08-2024 also made in exercise of the powers conferred by clause (1) of article 370 by the President the Constitution (Application to Jammu and Kashmir) Order, 1954 as amended from time to time has been superseded and the protective cover provided to J&K State government/ Legislature by Art35A.was taken off. No doubt the political leadership of J&K that had been ruling till date did express resentments against the action of the Government of India/ Parliament but had no explanation to place in public domain for having not used the provisions available under Art35A for the overall advantage of the Indian citizens kept in the category of Permanent Resident J&K. After issuance of C.O 272 J&K State has also been split into UT of J&K ( with legislature) and UT of Ladakh (THE JAMMU AND KASHMIR REORGANISATION ACT, 2019 Act 34 of 09-08-2019) . After August 2019 Permanent Resident of J&K status has been changed to Domicile of J&K for which requirements have fixed only in terms of one’s residency (stay ) in J&K and (i) .Reservations for Schedule Tribe have been provided now in the Legislative Assembly of J&K, (ii) the discrimination being done with the female subjects of J&K as regards their right to choose their life partner has been done away with. I,e man and woman have same rights (iii) J&K state has started contributing a few medical seats from local government medical colleges to common national pool thereby making available to the erstwhile ‘permanent residents of J&K’ ( now domicile of J&K) a few thousands more seats to compete for admission in PG courses ,
The definition for the Permanent Resident of J&K for Section-6 of J&K Constitution was partly drawn from Notification No. 1-L/84 dated the twentieth April, 1927, read with State Notification No. 13/L dated the twenty seventh June, 1932 of Maharaja Hari Singh Government . Sections 1 to 8 and Section 158 of J&K Constitution became effective on 17 November 1956 whereas other sections became effective w.e.f 26th Jan 1957.In a way only those people who qualified to be the Citizens of India interms constitution of India but had been Permanent Resident of J&K ( State Subject of Class- I,II and in a way even Class-III- who had been accorded rights as State Subject by Maharaja Government / State Government after 1911AD till 14 May 1954) and those who were still staying as ordinary residents of J&K after obtaining permission ( Izazatnama) from Maharaja Government having lawfully acquired immovable property in the State, since & prior to 14th May 1944 AD were taken immediately in the class of Permanent Resident of J&K.
Accordingly the provisions / rules / laws for exclusive rights to the State Subjects of J&K as were there before 1947 like that regarding services under state government ( in the shape of like that in Section-127 of J&K Constitution – Transitional provisions public services ) & holding of immoveable properties in J&K {Section-158 -(2,3)- Repeal and saving of laws and rules} ; exclusive rights to Permanent Residents of J&K for voting in assembly elections & entering J&K Legislature ( Section -51 – Qualifications for membership of the Legislature; Section 140 of J&K Constitution – Elections to Legislative Assembly ) ; aids from the government were conferred on the permanent residents of J&K only.
No doubt Section-8 & Section-9 were also there in the J&K Constitution to allow relaying of provisions / descriptions, where ever later needed, regarding the qualifications and special provisions / rights of Permanent Residents of J&K but upto August 2019 no amendments had been made even to correct the wrongs and undo the injustice done even to Indian citizens named as Permanent Residents of J&K ( as discussed earlier ) what to talk of addressing the grievances of Indian Citizens belonging to Indian states other than J&K as regards their rights for joining J&K state services and buying land in J&K that were blocked even after 1947 in Independent India .
Not only that, even the rights that of (i) the families of ‘local’ Balmikies & Gurkhas who have served the interests of local state population for decades but had not been in the category of state subject before 1947 ot had come to state after 1947 , (ii) the 1947 refugees from Pakistan who were staying in J&K since late 1947 with permission (iii) IAS/IPS/IFS officers of J&K Cadre even after serving in J&K for 35 to 40 years (iv) 15 out of 21 PVC decorated Indian defence force personnel had fought on J&K LOC/LAC/IB against the enemy were non permanent resident of J&K and their families were /had not been .acknowledged by relaxations as Permanent Residents of J&K all these years even when Section 8 and Section 9 of J&K constitution were there with provisions available for making needed amendments/ changes . .
So the allegations that the corrections were not applied intentionally by local J&K leaderships who had held the reins of governance all these years more to simply project that J&K was distantly placed Indian state did hold which was very clearly demonstrated from the behaviour and statements that have been coming mostly from ‘prime’ Kashmir valley leadership even in 2017 in view of some petitions before the Supreme Court challenging the ‘existence’ of Art35A as an article of Constitution of India instead they even did not work for undoing the wrongs on the fundamental rights of even some permanent resident of J&K who were debarred from approaching the Apex court under the cover of Art35A, if not permanent residents of J&K.
No doubt after 31 Oct 2019 first the government posts in services of UT of carrying a pay scale of not more than Level-4 (25500) only were still kept reserved for the J&K Domicile but later on all jobs were ordered reserved for domicile of J&K (S.O. 1245(E) of 03-04-2020) ,
(The writer is a Sr Journalist & a known analyst of J&K affairs)