ED investigating role of PFI, NGO for funding protest against Article 370

The probe agency is likely to summon more people connected with these two organisations to find out the source of the funds.

Widening its probe, the Enforcement Directorate (ED) is examining the role of Kerala -based Popular Front of India (PFI) and Rehab India Foundation (RIF) for allegedly funding protests against the abrogation of Sections of Article 370.

Senior members of both organisations earlier were questioned in connection with their alleged link to Rs 120 crore used for the protests against the Citizenship (Amendment) Act (CAA) and the National Register of Citizens (NRC) across the country. While the PFI is an Islamic outfit, RIF is a non-profit organisation.

However, the ED’s inquiry in the ongoing matter raised suspicion over their involvement in several protests over 70 days since the government removed Jammu & Kashmir's (J&K's) special status.

Sources in the ED said the protests related to the J&K issue were stage-managed, especially in Delhi-NCR and some areas of Uttar Pradesh. Officials are trying to ascertain the quantum of funding that was mobilised allegedly to provoke protesters.

The probe agency is likely to summon more people connected with these two organisations to find out the source of the funds, and whether there was any support from anti-social elements. Early probe reveals that cash given to a protester was in the range of Rs 2,000-10,000 at the height of the stir against the J&K move.

On Wednesday, the PFI’s state president Mohammed Parvez Ahmed and RFI’s Shahid Abu Bakr appeared before the ED in Delhi.

A team of Delhi and UP police is working with the central agency to identify the people who deposited and withdrew Rs 1.04 crore cash between December 4 and January 6 from about 15 bank accounts of the PFI and RFI. There were as many as 80-90 withdrawals from a few bank accounts in a day, the sources said.

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Why are Kashmiris disappearing from WhatsApp amid internet shutdown?

The locals who disappeared from the platform have long been active participants in Whatsapp groups sharing news and updates. No one was quite sure of what was happening.

It's been exactly four months since internet services were snapped in Kashmir. Even as Kashmiris continue to endure the shutdown, on Wednesday, they began vanishing in large numbers from the social media platform WhatsApp, Buzzfeed reported.

The locals who disappeared from the platform have long been active participants in Whatsapp groups sharing news and updates. No one was quite sure of what was happening.

“I thought that internet services had been restored in Kashmir and maybe these people were just removing themselves from WhatsApp groups on their own,” Mudasir Firdosi, a London-based Kashmiri doctor who is in half a dozen WhatsApp groups told Buzzfeed.

A Facebook spokesperson told Buzzfeed that the disappearances were the result of WhatsApp's policy on inactive accounts. "To maintain security and limit data retention, WhatsApp accounts generally expire after 120 days of inactivity," he said. "When that happens, those accounts automatically exit their WhatsApp groups. People will need to be re-added to groups upon regaining access to the Internet and joining WhatsApp again."

Suhail Lyser, a Kashmiri student from Dehradun, told BuzzFeed News that he saw more than 150 Kashmiris in a WhatsApp group suddenly disappear from the group. But according to another Kashmiri doctor who lives in New Delhi, people using WhatsApp due to their travels outside the state found their accounts intact.

Facebook has so far been silent on the number of Kashmiris affected. People whose accounts became extinct will have to register afresh with WhatsApp and recreate their profiles.

On August 5, India revoked the special status to Jammu and Kashmir and bifurcated the state into two Union territories, following which all communication lines were blocked. India is the largest market for WhatsApp with some 400 million active users.

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Terror elimination precondition for cooperation in South Asia: S Jaishankar

Elimination of terrorism in all its forms is a precondition not only for fruitful cooperation, but also for the very survival of the region itself, Jaishankar said.

Elimination of terrorism in all its forms is a "precondition" for fruitful cooperation in South Asia, External Affairs Minister S Jaishankar has said, in a veiled attack on Pakistan while emphasising that the relevance of the SAARC will be determined by decisive actions against the scourge.

In his statement at the informal meeting of the South Asian Association for Regional Cooperation (SAARC) Council of Ministers on the margins of the 74th session of the General Assembly here on Thursday, Jaishankar said, "Ours is really not just a story of missed opportunities but also of deliberate obstacles. Terrorism is one among them."

Elimination of terrorism in all its forms is a precondition not only for fruitful cooperation, but also for the very survival of the region itself, Jaishankar said at the meeting.

Pakistan Foreign Minister Shah Mahmood Qureshi boycotted Jaishankar's opening statement at the meeting to protest over Kashmir after India abrogated Article 370 of the Constitution to revoke the special status of Jammu and Kashmir in August. India has asserted the abrogation of Article 370 was its "internal matter".

Jaishankar in his statement reiterated SAARC leaders' statement in Kathmandu in 2014, where they called for "full and effective implementation of SAARC Regional Convention on Suppression of Terrorism, including through enacting necessary legislation at the national level to root out terrorism"

"The relevance of SAARC would be determined by these actions against terrorism and this will decide our collective journey of the future become more productive," the minister said.

Jaishankar said while regionalism has taken root in every corner of the world, if the South Asian region has lagged behind it is because the region does not have the normal trade and connectivity that other regions do.

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Rising power: Why India has faced muted criticism over its Kashmir policy

India's economic heft and its standing as a potential counter to China may be behind the absence of strong reactions.

If Prime Minister Narendra Modi was worried about a frosty reception in the U.S. after his crackdown on India’s Muslim-majority region of Kashmir, President Donald Trump was quick to put those fears to rest.

“Border security is vital to India,” Trump said alongside Modi, as the two spoke at a huge gathering of around 50,000 Indian-Americans on Sunday. “We understand that.”

The high-level acknowledgment from the world’s most powerful political leader comes as Modi -- who will address the United Nations General Assembly on Friday -- continues an unprecedented security crackdown in the tense Himalayan region of Jammu and Kashmir. On August 5, he abolished 70 years of regional autonomy and placed its citizens under widespread restrictions including an extended communications blackout. It also follows India’s push to strip millions of people -- mostly Muslims -- of their citizenship in the country’s northeastern state of Assam, near Bangladesh.

Trump’s comments, although not explicit approval, are symbolic of the quiet acceptance of India’s policies which have attracted little international criticism. India’s actions have been compared to what China is doing in its own restive mostly-Muslim border region of Xinjiang. But few countries other than Pakistan and China, which both have territorial claims in disputed Kashmir, have criticized New Delhi -- a stark contrast to the 22 states that signed a letter criticizing China’s crackdown against Muslim minority Uighurs, which has seen as many as 1 million citizens placed in “re-education camps.”

Nations want to keep Modi onside as they recognize India’s rising strategic importance in Asia as a counterweight to Beijing. There’s also the size of its market, including billions in arms purchases, and the fact that criticizing New Delhi risks aligning with Pakistan, which is widely accused of sponsoring terrorist groups in the region.

“There is little diplomatic upside to directly challenging India,” said Paul Staniland, an associate professor at the University of Chicago. “India is an important economic and strategic partner, or potential partner, for countries ranging from France to the U.S. to the Gulf states. It’s also clear that the government of India won’t be rolling back its policy anytime soon, and many countries are leery of seeming to back the Pakistani line.”

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Will not allow Modi's Air India One aircraft to fly over country: Pakistan

Tensions between India and Pakistan spiked after India abrogated provisions of Article 370 of the Constitution.

Business Standard : Pakistan on Wednesday rejected India's request to allow Prime Minister Narendra Modi's VVIP flight to use its airspace for his upcoming visit to the US via Germany, citing "the current situation in Kashmir".

"India had requested Pakistan to allow Modi to use its airspace to travel to Germany on the 21st (Sept) and return on 28th (Sept)," Foreign Minister Shah Mehmood Qureshi said.

Announcing the decision via a video statement, Qureshi said the Indian High Commissioner in Islamabad had been informed of Pakistan's decision to not allow prime minister's Modi's special Air India One aircraft to fly over the country.

"In the light of the current situation in Kashmir, India's attitude and atrocities there, we have decided to not allow our airspace for the flight of the Indian prime minister," he said.

Prime Minister Modi is travelling to the US on September 21 to attend the 'Howdy Modi' diaspora event on September 22 along with US President Donald Trump. He will also address the UN General Assembly in New York on September 27.

On September 7, Pakistan refused India's request to allow President Ram Nath Kovind to use its airspace for his flight to Iceland.

Imran Khan-led government has been under pressure from the Opposition and some ministers to impose ban on India to use its airspace after India revoked special status of Kashmir on August 5.

Tensions between India and Pakistan spiked after India abrogated provisions of Article 370 of the Constitution to withdraw Jammu and Kashmir's special status and bifurcated it into two union territories, evoking strong reaction from Pakistan.

India has categorically told the international community that the scrapping of Article 370 was an internal matter and also advised Pakistan to accept the reality.

In June, Pakistan "specially" opened its airspace for the flight of Prime Minister Modi to Bishkek to attend the SCO summit. However, India decided not to use the Pakistani airspace for the VVIP aircraft.

Pakistan fully closed its airspace in February after an Indian Air Force strike on a Jaish-e-Mohammed (JeM) terror camp in Balakot. The country opened its airspace for all flights except for New Delhi, Bangkok and Kuala Lumpur on March 27.

Restrictions in parts of Kashmir to prevent Muharram processions, violence

The officials did not cite any reasons for reimposing restrictions but it is believed that the step was taken to prevent Muharram processions in the city and elsewhere in the Valley.

Business Standard : Curfew-like restrictions were reimposed on Tuesday in several parts of Kashmir, including the city, to foil any plans on taking out Muharram processions in the Valley as authorities apprehended that large congregations might lead to violence.

Commercial hub of Lal Chowk and adjoining areas were completely sealed off by placing concertina wires at all entry points where large number of security force personnel were deployed, officials said.

Restrictions have been in several parts of Kashmir as a precautionary measure for maintaining law and order in the Valley, they said.

ALSO READ: UN human rights chief urges India to ease lockdown, curfew in Kashmir

The officials did not cite any reasons for reimposing restrictions but it is believed that the step was taken to prevent Muharram processions in the city and elsewhere in the Valley. The processions stand banned in Kashmir since 1990 when armed insurgency began.

Muharram is considered as one of the sacred months of the Islamic lunar calendar. The battle of Karbala, in which Hazrat Imam Hussain - the grandson of the Prophet - had attained martyrdom - is said to have been taken place in the 7th century.

Restrictions were first imposed across Kashmir on August 5 when the Centre announced its decision to abrogate provisions of Article 370 and bifurcate the state into union territories. The restrictions were lifted in phases from many parts of the Valley as the situation improved with passage of time.

The authorities have been imposing restrictions in vulnerable areas of the Valley every Friday, apprehending that vested interests might exploit the large gatherings at big mosques and shrines to fuel protests.

Meanwhile, normal life remained severely affected in Kashmir due to shutdown in the Valley which entered 37th day on Tuesday.

Markets and other business establishments remained closed while public transport was off the roads across the Valley, the officials said.

Kashmir: A month later, shopkeepers refuse to open, even as curbs are eased

Prime Minister Narendra Modi revoked special rights for Jammu and Kashmir on Aug 5, striking down the long-standing constitutional provisions for the Himalayan region.

A month after the government withdrew Article 370 and locked Kashmir down with thousands of additional troops and made mass arrests, residents are resisting attempts by authorities to show some signs of normalcy returning in the valley.

Prime Minister Narendra Modi revoked special rights for Jammu and Kashmir on Aug 5, striking down the long-standing constitutional provisions for the Himalayan region.

To dampen the possibility of widespread protests, India flooded the state — already one of the world’s most militarised zones — with troops, imposed severe restrictions on movements, and cut all telephone, mobile phone and internet connections. Thousands of people were arrested.

The Centre has since eased some of the curbs, although no prominent detainees have been freed and mobile and internet connections remain suspended.

Officials in Srinagar say that 90 per cent of the Kashmir valley is free of restrictions on daytime movement, some landline phone connections have been restored and thousands of schools have re-opened. However, checkpoints remain in place and communication restrictions make reporting from the region difficult.

Despite the partial relaxation, many students are boycotting classes, shopkeepers are not opening up and public and private sector employees are not turning up for work, in informal action aimed at protesting against the government, according to interviews with seven government officials and dozens of residents of the valley.

“For us, our identity at stake and its safeguarding is our priority,” said Shabir Ahmad, a shopkeeper from the old quarter of Srinagar.

“Let them restore it and we will re-start our businesses.”

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J&K Governor announces 50,000 govt jobs for Kashmiris in next 3 months

In his press conference, the J&K Governor sought to justify detention and imprisoning of mainstream politicians.

Business Standard : The Jammu & Kashmir (J&K) administration will try filling 50,000 vacancies in government jobs in the next two-three months in the soon-to-be-created Union Territory, J&K Governor Satya Pal Malik said on Wednesday.

Malik, addressing his first press conference after Parliament revoked provisions of Article 370 in the first week of August, said the Centre would soon make a ‘big’ announcement on J&K.

In New Delhi, government sources denied reports that it has constituted a Group of Ministers, or GoM, to look into development, economic and social issues for J&K and Ladakh. While there was speculation of it, the government did not announce any special package for either Ladakh or J&K. The two union territories come into existence on October 31. The governor's promise on jobs echoes the commitment that Prime Minister Narendra Modi had made to the people of the region in his address to the nation earlier this month.

In his press conference, the J&K Governor sought to justify detention and imprisoning of mainstream politicians. He said times spent by politicians in jail would help them in their political careers. “Don't you want that people should become leaders. I have gone to jail 30 times. Those who will go to jail, will become leaders. Let them be there. The more they spend time in the jail, the more they will claim during elections...that I have spent six months behind bars...

Malik also said restrictions in J&K were necessary to prevent civilian causalities. The Internet is a handy tool for anti-national elements and the restoration of connections will be deferred for some more time, Malik said. He said pellet guns were used by security personnel during protests in the Kashmir Valley, but said forces took precaution to prevent injuries.

Government sources said Defence Minister Rajnath Singh will be visiting Ladakh on Thursday. Senior officials of the Human Resource Development (HRD) Ministry will visit J&K and Ladakh soon to explore the possibilities of expansion of educational facilities there Union HRD Minister Ramesh Pokhriyal ‘Nishank’ said.

Speaking at an event to distribute awards for community radio in the national capital, Information and Broadcasting Minister Prakash Javadekar said the "biggest punishment" for people is when they have no means of communication. He also extolled the benefits of scrapping of provisions of Article 370.

"This is the power and need of communication...when people store everything in their hearts and are unable to tell anyone about it, is the biggest punishment.

SC refers all petitions on Article 370 to 5-judge Constitution Bench

SC also issued notice to the Centre on plea by Kashmir Times Executive Editor seeking a direction for relaxing restrictions on internet, landline, and other communication channels.

Supreme Court (SC) on Wednesday referred all petitions challenging the scrapping of Article 370, which gave special status to Jammu and Kashmir, to a five-judge Constitution Bench.

The Supreme Court issued a notice to the Centre and others and said that the five-judge Constitution Bench would hear all the petitions related to abrogation of Article 370 in the first week of October.

The apex court also issued a notice to the Centre on the plea by Kashmir Times Executive Editor, Anuradha Bhasin, seeking a direction for relaxing restrictions on internet, landline, and other communication channels. The SC sought a detailed response from the Centre within 7 days.

Further, the Supreme Court refused a request from the Centre to appoint an interlocutor for Jammu & Kashmir.

In another development, the Supreme Court also allowed CPM leader Sitaram Yechury to visit J&K and meet his party leader and former MLA, Yousuf Tarigami.

Chief Justice of India (CJI) Ranjan Gogoi said, "We will permit you to go, you are the general secretary of a party. Don't go for anything else."

The apex court also said that Yechury's visit should only be to meet Tarigami as a friend, and not for any political purpose.

Business Standard

Removing Article 370 correct; economy needs correction: Subramanian Swamy

The Rajya Sabha MP said that the 'wrong policies' adopted during former finance minister Arun Jaitley's tenure were responsible for the economy slowing down.

BJP lawmaker Subramanian Swamy has said the withdrawal of Jammu and Kashmir's special status was correct but the state of economy "needs to be corrected" as this issue is also important for national security and nation-building.

The Rajya Sabha MP told reporters Sunday the "wrong policies" adopted during former finance minister Arun Jaitley's tenure were responsible for the economy slowing down. He also criticised ex-Reserve Bank of India governor Raghuram Rajan for raising interest rates.

ALSO READ: Govt speaking to banks about stimulus package for economy: SBI chairman

"I think the wrong policies adopted during the tenure of Arun Jaitley, which are still in force, such as levying high taxes are some of the reasons for the slowdown... Increase in interest rates by former RBI governor Raghuram Rajan was one of the reasons (for the slowdown)," said Swamy.

He was speaking to reporters on the sidelines of an event in Pune.

Replying to a question on the Centre's move to scrap the provisions of Article 370, which gave special powers to Jammu and Kashmir, and the economy, Swamy said, "The economy needs to be corrected. My advice was not sought on the economic front. My advice was sought on Article 370, and it was done correctly."

"Yes, the economy should be given priority. In fact, both things are important for nation-building and national security," he added.

Jaitley served as finance minister during the first term of the Narendra Modi government. Jaitley, 66, is on life support at the All India Institute of Medical Sciences in Delhi.

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What kind of petition is this? SC on pleas against Article 370 revocation

A bench headed by Chief Justice Ranjan Gogoi said the petition by advocate M L Sharma challenging the scrapping of Article 370 has "no meaning".

The Supreme Court on Friday expressed anguish over "defective" petitions challenging scrapping of provisions of Article 370 of the Constitution.

A bench headed by Chief Justice Ranjan Gogoi said the petition by advocate M L Sharma challenging the scrapping of Article 370 has "no meaning".

"What kind of petition is this? It could have been dismissed but there are 5 other pleas with the registry," the bench also comprising S A Bobde and S A Najeer said.

"You are not praying for setting aside the Presidential order. What is the prayer it is not clear. It can be dismissed on technical grounds," the bench said and added that there were five other petitions in the registry which are defective.

The CJI said he spent 30 minutes reading the petition on Article 370 but could not make out anything.

The apex court asked lawyers to cure defects in their six petitions on Article 370 and adjourned the hearing.

The bench also noted that it was hearing the petition on Article 370 by breaking the combination of judges hearing the sensitive Ayodhya matter.

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Kashmir stays shut for 12th day, restrictions on people's movement relaxed

Officials say the situation in the Valley is being monitored on a real-time basis and the decision to remove the forces will depend on the ground situation.

Kashmir remained shut for the 12th consecutive day on Friday, even as the authorities relaxed restrictions on the movement of people in Srinagar.

"Restrictions on the movement of people have been eased in most parts of the Valley. The situation so far has remained peaceful," a senior official of the state administration said here.

He said while the deployment of security forces on the ground remains as earlier, people were allowed to move around the city and other towns.

ALSO READ: China seeks 'closed consultations' in UNSC on India's Kashmir move: Report

Kashmir was placed under a total clampdown on August 5, hours before Union Home Minister Amit Shah announced in the Rajya Sabha that the special status for the state had been revoked.

The state administration has directed government employees to report at work from Friday through a radio announcement.

However, the communication clampdown continues as all telephone and Internet services remained suspended.

While schools are closed for the past two weeks, shops and other business establishments too remained shut since August 5.

The official said the situation in the Valley was being monitored on a real-time basis and the decision to remove the forces would depend on the ground situation.

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Pak rushes Qureshi to seek 'all-weather' friend China's help on Kashmir

Pakistan and China are strategic partners and closely cooperate on different issues.

Business Standard : Pakistan Foreign Minister Shah Mahmood Qureshi on Friday dashed to China to discuss with the Chinese leadership Indo-Pak tensions after India revoked the special status of Jammu and Kashmir.

Earlier this week, India revoked Article 370 to withdraw the special status to Jammu and Kashmir and bifurcated the region into two Union Territories --Jammu and Kashmir, Ladakh.

Pakistan termed the Indian action as "unilateral and illegal", and said it will take the matter to the UN Security Council.

ALSO READ: No change in our policy on Kashmir, India and Pakistan should talk: US

Pakistan expelled the Indian High Commissioner as part of its decision to downgrade the diplomatic ties with India and announced that it will review all "bilateral arrangements" with India.

Qureshi told the media before embarking on the visit to China that India was trying to destroy the regional peace with its unconstitutional measures and Pakistan will take Chinese leadership into confidence, Goe News reported.

China considers Pakistan an all-weather ally.

"China is not only a friend to Pakistan but also an important country of the region...I will apprise the Chinese leaders of the unconstitutional measures taken up by the Indian government in Kashmir. I will also brief them of the gross human rights violations...," he said.

The China trip is part of efforts by Pakistan to take the international community on board after India's decision over Kashmir.

China has also opposed the changes affecting Ladakh.

Pakistan and China are strategic partners and closely cooperate on different issues.

Govt moves resolution abrogating Article 370 from J&K in Rajya Sabha

Earlier, the Union Cabinet, headed by Prime Minister Narendra Modi, had an hour-long meeting, where the top leadership is believed to have discussed issues concerning Jammu and Kashmir.

Union Home Minister Amit Shah on Monday moved a resolution revoking Article 370 that grants special status to the state of Jammu and Kashmir in the Rajya Sabha, amid a din as Opposition members protested the move.

The government on Monday also moved a Bill proposing the bifurcation of the state of Jammu and Kashmir into two Union Territories -- the Jammu and Kashmir division and Ladakh.

Home Minister Shah introduced the Jammu and Kashmir Reorganisation Bill.

Making the announcement in the Rajya Sabha, Shah said that the UT in Ladakh would have no legislature, like Chandigarh, while the other UT of Jammu and Kashmir would have a legislature, like Delhi and Puducherry.

There was an uproar in the Rajya Sabha after the resolution was moved by the Home Minister.

Reactions poured in immediately, with former J&K chief minister Mehbooba Mufti calling it "the darkest day in Indian democracy".

Mufti tweeted that the "unilateral decision" of the Government of India to scrap Article 370 was "illegal and unconstitutional", which would "make India an occupational force in J&K".

Earlier, the Union Cabinet, headed by Prime Minister Narendra Modi, had an hour-long meeting, where the top leadership is believed to have discussed issues concerning Jammu and Kashmir.

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Kashmir on edge: Security beefed up, many leaders 'detained or arrested'

The officials said former chief ministers Omar Abdullah and Mehbooba Mufti would not be allowed to move out of their respective house in view of the restrictions.

Business Standard : Kashmir remained on edge as the authorities stepped up security at vital installations and in sensitive areas, suspended mobile internet services and either "arrested" or "detained" several leaders in fast-paced developments on Sunday night.

Officials said restrictions on movement of people would come into force in Kashmir Valley at the crack of dawn.'

The officials said former chief ministers Omar Abdullah and Mehbooba Mufti would not be allowed to move out of their respective house in view of the restrictions, while Congress leader Usman Majid and CPI(M) MLA M Y Tarigami claimed to have been arrested around midnight.

However, no official confirmation of the arrests was immediately available.

"I believe I'm being placed under house arrest from midnight tonight & the process has already started for other mainstream leaders. No way of knowing if this is true but if it is then I'll see all of you on the other side of whatever is in store," National Conference leader Abdullah tweeted.

"To the people of Kashmir, we don't know what is in store for us but I am a firm believer that what ever Almighty Allah has planned it is always for the better, we may not see it now but we must never doubt his ways. Good luck to everyone, stay safe & above all PLEASE STAY CALM," he said in another tweet.

Reacting to the development, Peoples Democratic Party president Mehbooba said, "How ironic that elected representatives like us who fought for peace are under house arrest. The world watches as people & their voices are being muzzled in J&K. The same Kashmir that chose a secular democratic India is facing oppression of unimaginable magnitude. Wake up India."

Responding to Abdullah's tweet, Congress leader Shashi Tharoor said, "You are not alone @OmarAbdullah. Every Indian democrat will stand with the decent mainstream leaders in Kashmir as you face up to whatever the government has in store for our country. Parliament is still in session & our voices will not be stilled."

"What is going on in J&K? Why would leaders be arrested overnight while having done no wrong? If Kashmiris are our citizens &their leaders our partners, surely the mainstream ones must be kept on board while we act against terrorists & separatists? If we alienate them, who's left?" he said in another tweet.

Jammu & Kashmir special status: Decoding Article 35A and Article 370

While popular notion is that Article 35A and Article 370 give J&K a special state status, the Centre has similar arrangements with several others. We explain the two statutes to demystify the issue.

With speculation rife that the Bharatiya Janata Party (BJP) -led central government could abolish or try to amend Article 35A and article 370, which give a special status to Jammu & Kashmir, there is a lot of confusion as to what these two statutes entail. Political parties on either side of the debate have voiced their opinion, with some calling tinkering with Article 35A “like setting powder keg on fire”, while others have supported the idea calling it a move to unify of the country.

What is Article 35A?

This provision of the Constitution allows the Jammu & Kashmir state Assembly to define who is and is not a “permanent resident” of the state. To further break it down, this provision of the Constitution gives the legislators from Jammu & Kashmir the exclusive power to determine as to which people in or outside the state will have special rights and privileges granted by the state.

The provision, inserted through a special Presidential order in 1954, also gives the state Assembly powers to determine the recipients of state grants, the right to purchase land and property in the state, as well as settling permanently in the region. Other than this, the legislative Assembly of Jammu & Kashmir can use the provision to restrict rights of any person not classified under “permanent resident” of the state.

Can Article 35A be amended or repealed?

The repealing of Article 35A could be a legal uphill task for the central government, experts said. For any changes to be made to the provision, the constituent Assembly of the state has to consent to it. The constituent Assembly of the state, however, ceased to exist in 1957. This, constitutional expert Shubhankar Dam said, made seeking nod from the Assembly impossible.

“One has to understand where this provision derives its powers from. When it was introduced in 1957, the state constituent Assembly raised the demand, which was then inserted on the recommendation of the President.

The clause was introduced due to compromises which the Union had to make at that time. The time and context have to be understood,” said Dam.

Other experts, however, disagree and say that since there is a valid state legislative Assembly in the state, which also has constituent powers, any changes to Article 35A can be done by it.

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