Topic: Parliament and State Legislatures – structure, functioning, conduct of business, powers & privileges and issues arising out of these.
1) What is Article 35(A)? Why is it a controversial, even sentimental issue for the Kashmir Valley? Critically analyse. (250 words)
Why this question:
The question is in the context of Article 35 A corresponding to the constitution of Jammu and Kashmir.
Key demand of the question:
Discussion should focus upon explaining the nuances of Article 35 A and the controversies surrounding it.
Critically analyze – When asked to analyse, 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. When ‘critically’ is suffixed or prefixed to a directive, one needs to look at the good and bad of the topic and give a fair judgement.
Structure of the answer:
In brief define article 35 A.
Article 35A of the constitution provide Jammu and Kashmir Legislature a carte blanche to decide who all are ‘permanent residents’ of the State and confer on them special rights and privileges in public sector jobs, acquisition of property in the State, scholarships and other public aid and welfare.
It is mandatory according to the provision that no act of the legislature coming under it can be challenged for violating the Constitution or any law of the land.
Discuss the main provisions of Article 35 A.
What are the controversies surrounding it and what needs to be done to overcome the challenges?
Conclude with solutions to the issue.