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Article 35A: Separatists-backed shutdown in Kashmir, all you need to know about the controversy

The people in Kashmir want the Article to be scrapped because of the immunity it provides.

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Kashmiri men protest against attempts to revoke article 35A and 370 in Srinagar on August 1, 2018
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Life in Kashmir on Sunday came to a standstill due to a complete shutdown called by separatists against the legal challenge in the Supreme Court on the validity of Article 35A, which bars people from outside Jammu and Kashmir from acquiring any immovable property in the state.

The situation across the valley is peaceful with no untoward incident reported from anywhere so far, officials said.

Shops and business establishments were closed across the Valley while all kinds of transport remained off the roads due to the strike called.

The Joint Resistance Leadership (JRL) has called for a two-day strike on August 5-6 as Supreme Court is scheduled to hear a PIL challenging the validity of the Article 35-A on Monday.

The state government has filed an application before the Registrar of the Supreme Court, informing that it is going to seek an adjournment of the hearing of the petition in view of the "ongoing preparations for the upcoming Panchayat and urban local body and municipal elections in the state".

The officials said security forces have been deployed in strength at vulnerable places in the city and elsewhere in Kashmir for maintaining law and order.

Protests have been held across the length and breadth of Kashmir over the past few days with mainstream parties like the National Conference and PDP also holding rallies in support of continuing Article 35-A.

Political parties including the National Conference and the CPI-M, have moved the Supreme Court in support of the Article 35A that empowers the state assembly to define "permanent residents" for bestowing special rights and privileges to them.

Various organisations included Bar Association, transporters and traders' bodies have extended support to the shutdown call of the JRL, comprising Syed Ali Shah Geelani, Mirwaiz Umar Farooq and Mohammad Yasin Malik.

In a separate meeting, some lawyers passed a resolution for strengthening and retention of the Article 35A. The meeting was held under the chairmanship of senior lawyer AV Gupta.

He said Maharaja Hari Singh had executed the Instrument of Accession with certain conditions which later came out in the shape of Article 35-A read with Article 370.

The people in Kashmir don't want the Article 35A to be scrapped because of the immunity it provides. Without the Article 35A, people from outside the state can settle in the Valley, buy up all the available land and dilute the identity of the people of the soil. 

Closely aligned with Article 35A is its predecessor Article 370, which came into existence in 1949 and gives special powers to the President to make certain changes to the Constitution without consulting Parliament. Article 370 limits the writ of the Central government. Both these Articles - 370 and 35A – entered the Constitution in 1954, when Prime Minister Jawaharlal Nehru was negotiating the terms with Sheikh Mohammad Abdullah who was the prime minister of J&K. 

(With PTI inputs)

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