Public Administration Mains 2017 : Model Question and
((Public Administration Paper II / Chapter: Union Government and
(Current Based) Question
: Discuss why Article 370 of Indian Constitution was in news recently ? (20
Model Answer :
Article 370 provides special status to Jammu and Kashmir, whereas Article 35A
gives special powers to the state legislature of Jammu and Kashmir to define
permanent residents of the state and their related privileges.
In response to a writ petition filed by NGO 'We the Citizens' seeking that
Article 35A be struck down, the Supreme Court had asked the Centre to file a
reply. The PIL said the Jammu and Kashmir state government, under the guise of
Article 35A and Article 370, has been discriminating against non-residents who
are debarred from buying properties and getting a government job.
Article 35A has been also challenged by a Supreme Court lawyer on the grounds
that it was discriminatory towards women. “Article 14 of the Constitution gives
a fundamental right to equality before law. But 35A is heavily loaded in favour
of males because even after marriage to women from outside, they will not lose
the right of being permanent residents, Whereas opposite case is with women of
J&K if she marries outside the state.”
The decision to entertain the appeal was in news recently as the Supreme
court, earlier this year, had ruled that Article 370 could not be scrapped
unless an event specified in Article 370 (3) took place.
Article 370 (3) says, "Notwithstanding anything in the foregoing provisions
of this article, the President may, by public notification, declare that this
article shall cease to be operative or shall be operative only with such
exceptions and modifications and from such date as he may specify: Provided that
the recommendation of the constituent assembly of the state referred to in
clause (2) shall be necessary before the President issues such a notification."
The separatist camps, including the hardliners allege that this challenge is
an attempt to change the demographic of the state. (Total Words- 300)
(Linkages : Article 370 and Special status of J & K, Article 370 and
Article 35A, Article 370 and Supreme Court of India, Article 370 and
Discriminatory for Non-residents)