EDITORIALS THE HINDU DAILY IMPORTANT EDITORIALS 27/AUG/2018 PART-2 PRESENTED BY -ISHAN (EDUCATOR ON UNACADEMY)
PLEASE RATE, REVIEN SHARE & RECOMMEND FOLLOW ME ON UNACADEMY-- https://unacademy.com/user/thakurishan00-276 2Search Q Ishan Kumar Ishan kumar Ishanee Akshda Couse Apant of c
sArticle 35A and the basic structure In pursuit of an art smuggler Silence is not a virtue The larger picture on GDP numbers Untl dams do us part CREDI HINDU
Article 35A and the basic structure the basic Structure Topic- GS Prelims,GSM2 Context- Any move to do most solemn promises at the eaway with it will damage the heart of the Indian federation. PIC CREDIT-THE HINDU Page-8
2. ARTICLE 35A AND THE BASIC STRUCTURE Can Article 35A of the Constitution be struck down? If yes, should it be? These questions- raised in a petition filed in the Supreme Court by a Delhi-based non-governmental organisation, We the Citizens" - have already attracted widespread attention. The case, there's little doubt, is freighted with political meaning. But when we look beyond the interests of politics, the issues aren't especially contentious. .As a matter of simple legal construction, it ought to be obvious to the court that the petition deserves a resounding dismissal. Any other verdict, which so much as entertains the notion that Article 35A is expendable, will impinge on basic tenets of constitutional interpretation, and will damage the most solemn promises that lie at the heart of the Indian federation.
Article 35A was inserted into the Constitution as part of a raft of amendments made through a 1954 presidential order, imposed under Article 370 Broadly, it empowers Jammu and Kashmir J&K) to not only define a class of persons as constituting "permanent residents" of the State but also allows the government to confer on these persons special rights and privileges with respect to matters of public employment, acquisition of immovable property in the State, settlement in different parts of the State, and access to scholarships or other such aids that the State government might provide. property in the state. cholarshilas or other such
The Article further exempts such legislation from being annulled on the ground that they infringe one or the other of the fundamental rights quaranteed by the Constitution. According to the petitioner, this immunity granted to J&K's laws is discriminatory, and. therefore, Article 35A should be declared unconstitutional.
WELL- SETTLED LAW... When the case comes up for hearing this week, a three judge Bench of the court intends to test the petitioner's preliminary arguments and consider the question of whether Article 35A infringes the Constitution's basic structure. The answer to this question, the court believes, will allow it to decide whether to refer the case to a larger bench for further examination. But this exercise is likely to be of little avail. The law on the subject is well settled. esidential orhdes have already put their imprimatur on the 1954 presidential order. In any event, even if the court were to look beyond existing precedent, a proper reading of the text of Article 35A, and its constitutional history, will establish that the present petition is meritless: that Article 35A is not amenable to a conventional basic structure challenge.
India's Constitution, as the political scientist Louise Tillin has explained, establishes a form of asymmetric federalism, in which some States enjoy greater autonomy over governance than others. This asymmetry is typified by Article 370 a provision, as Ms. Tillin writes, which was debated for over five months before forming part of the Constitution as adopted in 1950. Article 370 accorded to J&K a set of special privileges, including an exemption from constitutional provisions governing other States. What's more, in accord with J&K's Instrument of Accession, it restricted Parliament's powers to legislate over the State to three core subjects: defence, foreign affairs and communication. Parliament could legislate on other areas only through an express presidential order, made with the prior concurrence of the State government.
Finally, the Article also granted the President the power to make orders declaring the provision inoperative, but subject to the condition that this authority could be exercised only on the prior recommendation of the State's Constituent Assembly. However, with the disbanding of J&K's Constituent Assembly in 1956, the question of suspending Article 370 was rendered moot In the process, the asymmetry in India's federalism was fortified. That this is the case can also be gleaned from a reading of Article 368, which contains the ordinary powers of constitutional amendment as applicable to other parts of India. One of the provisos to the clause (ironically made through the same presidential order which introduced Article 35A) makes it clear that changes made to the Constitution under Article 368 will not mechanically apply to J&K
THANK YOU THE HINDU
I m from U.P. I have done my graduation from university of delhi in B.sc (H) Physics.. Aspirant of UPSC CSE..