If Article 35A is INVALID, Jammu and Kasmir ACCESSION to India will be INVALID ?

In this video, we will discuss if article 35A affects Jammu and Kashmir Accession to India.

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References - 
http://www.sundayguardianlive.com/opinion/10486-articles-370-35a-no-longer-valid
https://en.wikipedia.org/wiki/Fundamental_Rights,_Directive_Principles_and_Fundamental_Duties_of_India
https://en.wikipedia.org/wiki/Constituent_Assembly_of_Jammu_and_Kashmir

https://en.wikipedia.org/wiki/Article_370_of_the_Constitution_of_India



Transcript 
Hello Friends, Welcome to my channel Real Quick Info.

Recently, Supreme court of India has referred the petition challenging the validity of Article 35,A of The Indian Constitution to three judge bench.

As you know, Article 35,A empowers the Jammu and Kashmir state's legislature to define “permanent residents” of the state and provide special rights and privileges to those permanent residents.

It was added to the Indian Constitution through a Presidential Order in 1954. Please remember this year 1954 for a while.

Article 35,A derives its power from Article 370, Which grants special autonomous status to the state of Jammu and Kashmir. This article was only a temporary Transitional and special provision in Indian constitution.

When the debate on this article is going on, politicians from Jammu and Kashmir are saying that before any discussion on article 35,A validity, there should be debate on the J&K accession to India.

In simple words, if there are doubts on the validity of 35,A , there will be doubts on J&K accession to India as well.

Now lets talk a little bit about J&K Accession.

On 26 October 1947, when tribesmen from Pakistan were about to capture Sri Nagar, The beleaguered Maharaja Hari Singh signed the instrument of accession to India.

Afterwards, Indian soldiers landed in J&K and defended his life and kingdom.

As per the book, Kashmir The Myth of Autonomy, written by Political scientist M K Teng,

"In 1947, when Jammu & Kashmir acceded to India, the ruler of the State, Maharaja Hari Singh signed, the SAME standard form of the Instrument of Accession, which the other major Indian States signed... it was not subject to any exceptions or pre-condition".



Hence, Primarily there is no difference in between Jammu and Kashmir and any other princely state joining the Indian Union.

Only after this incident, Whole Jammu and Kasmir became integral part of India in 1947.

After 7 years, Article 35,A came into existence  in 1954.

Besides this, Jammu & Kashmir Constitution, which came into force on 26 January 1957, (3 Years after article 35,A), The State of Jammu and Kashmir is, and shall be an integral part of the Union of India,
and This section cannot be legally amended as per provisions of J&K constitution.

Hence It can be logically concluded, that Jammu and Kashmir is integral part of Indian Union with, Or without Article 370 and its derivative Article 35,A.

You all know, The Right to Equality for all citizens is one of the chief guarantees of the Indian Constitution.

Due to Article 35,A, an Indian citizen from any other states doesn't have right to own a property in Jammu and Kasmir. This appears to us, as clear case of violation of fundamental right to equality.

However, We are in no way trying to deliver the judgement here.

The point is simple, just like any other law, Article 35,A is open to judicial review.

All Indians should continue to have faith in the wisdom of Indian Supreme court, the large debate on the validity of Article 35,A will be open and we will be able to hear the arguments from all the sides.

Now the ball is in Supreme court, It would be good if all concerned parties present their argument before the court.
All should in letter and spirit abide by whatever Judgement Supreme court delivers.

Till then, let the judicial process unfold without any threats and doubts. Anyways, who cares, threats and doubts are not going to work.

As of now, one thing is confirm, the doubts on Accession of J&K to India doesn't hold the ground.

For this video we have referred a few online articles. you can find their links in the description box below.

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