Repealing Article 35A will end Jammu and Kashmir's relationship with rest of the country: IAS officer Shah Faesal

The IAS officer, however, said continuing the special Constitutional provisions in respect to Jammu and Kashmir did not pose any threat to the sovereignty and integrity of the country.
Security personnel patrol a street during a two-day strike called by the separatist leaders against the petitions in the Supreme court challenging the validity of Article 35A in Srinagar on Sunday August 05 2018. | PTI
Security personnel patrol a street during a two-day strike called by the separatist leaders against the petitions in the Supreme court challenging the validity of Article 35A in Srinagar on Sunday August 05 2018. | PTI

SRINAGAR: Outspoken IAS officer Shah Faesal today said repealing of Article 35A of the Constitution would end Jammu and Kashmir's relationship with the rest of the country.

Faesal, a 2010-batch IAS exam topper, is currently pursuing a mid-career masters programme in the US.

"I would compare Article 35A to a marriage-deed/nikahnama. You repeal it and the relationship is over. Nothing will remain to be discussed afterwards," he said in a tweet.

He said the accession of Jammu and Kashmir to India took place before the Constitution had come into force.

"Yes and those who say Accession still stands forget that Accession was just like a Roka, because the Constitution had not come into force that time. Can Roka still bind two people together even after the marriage document is annulled?" he wrote.

The IAS officer, however, said continuing the special Constitutional provisions in respect to Jammu and Kashmir did not pose any threat to the sovereignty and integrity of the country.

"Let's not confuse the issue. Sovereignty and integrity of India can't be challenged. Not at all. But the Constitution has kept some special provisions for J&K state. It's a unique arrangement. It isn't a threat to India's integrity at all," he said.

Faesal is already subject to a disciplinary proceeding initiated by the Jammu and Kashmir government at the request of the Centre's Department of Personnel and Training for posting a tweet about frequent rapes in the country.

Article 35A: Special rights to J&K residents
Article 35-A was incorporated into the Constitution in 1954 by an order of then President Rajendra Prasad. It was specifically devised to grant protection to state subject laws that had already been defined under the Maharaja’s rule and notified in 1927 and 1932. It defines special privileges enjoyed by permanent residents of J&K in matters related to employment, acquisition of immovable property, settlements and scholarships. As per the law, no ‘outsider’ can be granted state subject rights, purchase property or claim government jobs in the state. There are fears that if the law is repealed or diluted, outsiders would be settled in J&K.

(With inputs from online desk)

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