Is Nehru responsible for Kashmir and Articles 35-A?

Is Nehru responsible for Kashmir and Articles 35-A?

Modi government seems aggressive on Article 35A in Kashmir and recently, Indian Finance Minister Arun Jaitley has once again targeted former Prime Minister Jawaharlal Nehru on the Kashmir issue.

Jaitley said Article 35-A 'for Jammu and Kashmir is constitutionally faulty and is stopping the economic development of the state.

Arun Jaitley has written a blog titled 'Law and J & K' in which he has written that India is facing many questions, changing the history of Jammu and Kashmir in seven decades.

Jaitley has written that most Indians believe that the Nehru-inspired step was a "historic mistake" in the Kashmir issue.

Jaitley has questioned whether our policies should be applied to a faulty viewpoint or according to the basic facts?

Jaitley also wrote about the background of Article 35-A applied in Jammu and Kashmir. According to Article 35-A, persons outside the state of Jammu and Kashmir can not purchase property there.

Jaitley has written that this Article was incorporated in the 'secretly' constitution through a special notification issued in 1954 by the President.

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Jaitley also wrote that Article 35-A was never part of the structure created by the Constitutional Assembly. He further wrote that it was not applicable to two-thirds majority in both the constituencies of Parliament, as per Article-368 of the Constitution.

The Modi government is looking aggressive on Article 35-A in Kashmir but it has a distinct historical background.

It is being said that after the suicide attack on the convoy of the CRPF in the Indian-administered Kashmir's Pulwama district, Modi could change the look of the government with this article.

Many applications have been filed against Article 35-A in the Supreme Court. An NGO named 'We Citizens' has also filed an application.

Under Article 35-A, Jammu and Kashmir has got privilege. No outsider can buy the property here. Also, if you marry a woman here, you can not have the right to property.

What is Article 35-A


In accordance with the directions of President Rajendra Prasad in 1954, article 35-A was attached to the Indian Constitution.

This was done after a contract between Maharaja Hari Singh and the Indian government of Kashmir.

Kashmiri got the privilege of being included in this Article in the constitution or that no outsider can live here.

The President gave this order under Article 370 (1) (d) of the Constitution. Under this, the President can take a particular decision keeping in mind the 'exception and transformation' in the interest of Jammu and Kashmir.

Subsequently, Article 35-A was attached, so that the Government of India should deal with the permanent resident of Jammu and Kashmir.

Delever in India of Jammu and Kashmir

Getty Images Shaikh Abdullah and family boys standing in front of granddaughter
'The Instrument of Execution' is considered to be a legal document in the history of Jammu and Kashmir in India.

After the announcement of India's split on June 3, 1947, states with monarchy were deciding who to go with.

At that time, Jammu and Kashmir was vague. On 12 August 1947, Maharaja Hari Singh of Jammu and Kashmir signed a 'Standing Agreement' with India and Pakistan.

The standstill agreement means that Maharaja Hari Singh decided that Jammu and Kashmir would be independent. It will not be included in either India or Pakistan.

After accepting the agreement, Pakistan did not honor it and attacked it.

In protest against the forced compulsion in Pakistan, Maharaja Hari Singh signed the 'Instrument of Execution' on 26 October 1947.

'The Instrument of Execution' mentions that Jammu and Kashmir will be part of India but it will get special autonomy. It has been clearly stated that the Government of India can only make rules for defense, foreign affairs and communication media.

After the President's order in 1954, Article 35-A came. This was the next link to 'The Instrument of Execution'.

Due to 'The Instrument of Execution', the Government of India received limited rights for any kind of interference in Jammu and Kashmir.

In an article written in the Supreme Court of the Supreme Court Prashant Bhushan, it has been mentioned that Article 370 has been implemented due to this.

Land, right to land and living in the state are the most important. Prashant Bhushan says that the only way to interfere with terms in Jammu and Kashmir by the Indian government is Article 35-A.

It has also been said that the general powers of Parliament and Constitution will not be applicable in Jammu and Kashmir.

In Himachal Pradesh and Uttarakhand, there is a law that no outsider can buy limited land.

Prashant Bhushan believes that these laws of Himachal Pradesh and Uttarakhand are totally unconstitutional and the basic right to live in any part of the country.

Prashant Bhushan has written in his article that Jammu and Kashmir did not face challenging the basic structure and constitutional structure of the Constitution, because it was mixed only on this condition in India.

India's limited intervention in Jammu and Kashmir is part of the Indian constitution.

Prashant Bhushan believes that Jammu and Kashmir has never been completely dissolved in India and it is a semi-autonomous state. This is not like other states of Hindustan.

Article 35-A complies with 'The Instrument of Execution'