Says Art 35A introduced without debate, abrogated through proper discussion in Parliament
Srinagar: Union Minister, JP Nadda on Tuesday said that the abrogation of Article 370 on August 5, 2019, marked the full integration of Jammu and Kashmir with India.
Speaking in the Rajya Sabha, he discussed the historical and legislative issues surrounding Article 370, which granted special status to Jammu and Kashmir (J&K).
He stated that the provision had long hindered the region’s integration with India, limiting the applicability of central laws and curtailing basic rights.
“Article 35A, introduced in 1954 through a Presidential Order under Article 370, was implemented without parliamentary debate,” he said, adding that Article 35A defined citizenship in Jammu and Kashmir, restricting it to those who resided in the region before 1944.
“This provision also excluded women from property rights if they married non-Kashmiri men, a rule that contradicted India’s broader efforts to promote gender equality,” he added.
He pointed out that key national laws, such as the Prevention of Atrocities Act, the Human Rights Act, and the Protection of Children from Sexual Offences (POCSO) Act, were not applicable in J&K under Article 370.
He criticized the lack of parliamentary scrutiny over the provision’s far-reaching consequences, calling it a significant oversight.
Participating in the discussion on the “Glorious Journey of 75 Years of the Constitution of India,” Nadda emphasized the contributions of the Constituent Assembly while cautioning against mismanagement of constitutional principles.
Quoting B.R. Ambedkar, Nadda said, “However good a Constitution may be, if those who are implementing it are not good, it will prove to be bad.” He added, “The bad lot has interfered with the Constitution many times.”
Targeting the Congress, Nadda criticized former Prime Minister Jawaharlal Nehru for the inclusion of Article 370, claiming that B.R. Ambedkar had opposed it. He also referenced Syama Prasad Mookerjee’s opposition to Article 370, noting his ultimate sacrifice for the cause. “Mookerjee raised the issue of Article 370 and sacrificed his life for it. His mother wrote to Nehru and sought an investigation, but the request was ignored,” Nadda said.
Nadda highlighted the abrogation of Article 370 on August 5, 2019, as a historic achievement that fully integrated Jammu and Kashmir with India. “Because of the Prime Minister’s wisdom, Jammu and Kashmir is now an inseparable part of India,” he remarked. Calling the event a turning point, he said, “It is a question of the good lot and the bad lot. After the bad lot, we got the good lot.”
He also said that the abrogation of Article 370 ended J&K’s special status, enabling the full application of Indian laws and granting equal rights to all its citizens—(KNO)
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