Remove The ‘Bad Specials’

The vote seeker’s run has started, those in the race for access for making and monitoring legislative & administrative  laws /procedures will  also be approaching the indian citizens who are Permanent Residents of J&K once again pleading ‘ truthfulness / honesty/commitment  to common cause. It is time to act carefully & judiciously setting aside  regional & religious webs promising to vote in 2019  for those who keep on top of their ‘election manifesto’ pledge to remove  or  work  to remove “Bad Specials” that are  surviving under the shelter of Art35A atleast for Permanent Residents of J&K.

Prime local political leadership that has all these years held the reins of governance in J&K has been /is professing that the Art 35A that is added in constitution of India  as a new article by a presidential order in 1954 is  a very special provision  for the  Indian citizens living in J&K who could be categorised as Permanent Residents of J&K .  If one goes by the claims of ‘such’ local political leadership one would hope that there might be also ‘very very’ special and beneficial local laws & provisions rules  made / ordered in J&K making the living of Permanent Residents of J&K very –very special and better than the residents of Punjab, Haryana, UP and the like. But what to talk of  better provisions the  position on the ground  has not been like that. Instead even some Permanent Residents of J&K are denied in J&K even the constitutional rights / better provisions,as are otherwise available  even to the Indian citizens of other states,  by the laws / provisions that have been made locally after independence. There are some  local prevalent laws / rules in J&K that put to disadvantage  even  some classes of permanent residents of J&K like   is the case of  Female (woman) Permanent resident of J&K, the  Displaced Permanent Residents of J&K ( erstwhile State Subjects of J&K) belonging to the areas occupied by Pakistan in 1947   and presently  staying  in other Indian states, the Schedule Tribe Permanent residents of J&K, the Schedule Caste Permanent Residents of J&K.

While laying down the definition for the Permanent Resident of J&K in Section-6 of J&K Constitution  (definition 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 ) on 17 November 1956 ( Sections 1 to 8 and Section 158 became  effective from this date whereas other sections w.e.f  26th Jan 1957) only  those people who first qualified to be the Citizens of India in terms constitution of India and  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.

Accordingly, also  the provisions / rules / laws for exclusive rights to the State Subjects of J&K as were there before 1947    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 are also there to allow relaying of provisions / descriptions, whenever needed,  in reference to the qualifications / special provisions / rights of Permanent Residents of J&K but so far no any use of Section-8 and Section-9 of J&K Constitution has  been made to correct the wrongs and undo the injustice being done even to the  Permanent Residents of J&K.

It is time to act carefully & judiciously setting aside  regional & religious webs promising to vote in 2019  for those who  keep on top  of their  ‘election manifesto’ pledge to remove  or  work  to remove “Bad Specials” that are  surviving under the shelter of Art 35A atleast for Permanent Residents of J&K.

Daya Sagar

[email protected] 


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