Topic– Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
1)The view that Article 35 A is against the “very spirit of oneness of India” as it created a “class within a class of Indian citizens” requires a more nuanced debate. Examine.(250 words)
Why this question
The debate over article 370 and 35A has festered for long and is a sticking bone with respect to status of Kashmir. The article talks about the need for a nuanced debate wrt Article 35A and this question expects you to discuss the various aspects of the debate.
Analyze – When asked to analyze, you have to examine methodically the structure or nature of the topic by separating it into component parts and present them as a whole in a summary.
Key demand of the question
The question is in context of the SC’s observation that it is going to examine whether Article 35A of Indian constitution violates basic structure of the constitution. We are expected to bring out the various facets of the debate over article 35A and examine whether the view expressed by those in favour of repealing Article 35A has merit.
Structure of the answer
Introduction – Explain what article 35A is all about and the way it came into being
- Bring out the arguments made by those who are opposed to Article 35A – that the amendment has been done by a presidential order and not via article 368, the discriminatory provisions wrt non residents of the state which are violative of Article 14 etc
- Bring out the arguments of those in favour of keeping Article 35A – would lead to erosion of political autonomy of Kashmir and create more challenges for the state, historical factors, preserves the demography of Kashmir etc
- Discuss the situation in Kashmir currently and the impact abrogating Article 35A will have on Kashmir
Conclusion – Give your view on what should be the way forward with respect to Article 35A.