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Article 35A of the constitution of India (abrogated on August 5, 2019, by Hindutva Govt) was the culmination of the long-standing rights movement of the people of Jammu & Kashmir that began when cash strapped East Indian Company sold Kashmir to Maharaja Gulab Singh on March 16, 1846, for merely Rs.7.5 million.
Dogra dynasty was ruthlessly despotic but was forced to acknowledge and reserve some rights specific to natives of the state. It was not a charity, but a surrender before the people’s will on account of severe resistance against the cruel rule.
Most important of these “rights” were the rights of the natives over the land which they lived, ploughed, got buried into and the local jobs and state scholarships. The state law was promulgated in 1927 and was updated in 1932. It became part of the Indian Constitution as a result of prolonged and protracted negotiations between the Indian and Kashmiri leadership represented by Pundit Nehru and Sheikh Abdullah respectively in the period 1947-1950.
The chronology of events leading to the incorporation of Article 35A into Indian constitution is deeply entrenched in the politico-legal history of the state of Jammu & Kashmir, given its special geographical, political, demographic position, its internationally disputed status and its unusual and unique relationship with the Indian Union that evolved since 1947.
In 1947, unlike territories of British India (11 provinces directly governed by Viceroy), the princely states had legally defined relationship with the British crown. The state of Jammu & Kashmir was one such state defined as a Muslim majority state, “ transferred forever in independent possession of Gulab Singh and the heirs male of his body….”, the Hindu Raja of Jammu, by the British Government under the treaty of Amritsar, dated March 16, 1846.
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Article 35A: Who created it, why and how they have turned against it?
Article 35A of the constitution of India (abrogated on August 5, 2019, by Hindutva Govt) was the culmination of the long-standing rights movement of the people of Jammu & Kashmir that began when cash strapped East Indian Company sold Kashmir to Maharaja Gulab Singh on March 16, 1846, for merely Rs.7.5 million.
Dogra dynasty was ruthlessly despotic but was forced to acknowledge and reserve some rights specific to natives of the state. It was not a charity, but a surrender before the people’s will on account of severe resistance against the cruel rule.
Most important of these “rights” were the rights of the natives over the land which they lived, ploughed, got buried into and the local jobs and state scholarships. The state law was promulgated in 1927 and was updated in 1932. It became part of the Indian Constitution as a result of prolonged and protracted negotiations between the Indian and Kashmiri leadership represented by Pundit Nehru and Sheikh Abdullah respectively in the period 1947-1950.
The chronology of events leading to the incorporation of Article 35A into Indian constitution is deeply entrenched in the politico-legal history of the state of Jammu & Kashmir, given its special geographical, political, demographic position, its internationally disputed status and its unusual and unique relationship with the Indian Union that evolved since 1947.
In 1947, unlike territories of British India (11 provinces directly governed by Viceroy), the princely states had legally defined relationship with the British crown. The state of Jammu & Kashmir was one such state defined as a Muslim majority state, “ transferred forever in independent possession of Gulab Singh and the heirs male of his body….”, the Hindu Raja of Jammu, by the British Government under the treaty of Amritsar, dated March 16, 1846.
Read full article...
Article 35A: Who created it, why and how they have turned against it?
