Kashmiri IAS officer warns on consequences of scrapping Article 35A


Kashmiri IAS officer Shah Faesal has warned that scrapping of Article 35A will end Jammu and Kashmir’s relationship with the rest of India.

Article 35A

Using marriage and divorce analogy, Faesal, the 2010 batch IAS officer, tweeted, “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.”

Faesal, who is currently pursuing a  mid-career masters programme in the US, added, “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.”

Reminding that the accession of Jammu and Kashmir to India had taken place before the Indian constitution came into force, Faesal said, “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 also thanked the provincial president of National Conference in Jammu and Kashmir, Nasir Sogami, for his support to Article 35A. He wrote, “Great to know that @nasirsogami is making personal efforts to ensure that the Article is defended well in the Honble Supreme Court.”

As well as empowering the State legislature to define “permanent residents” and provide special rights and privileges to them, Article 35A also prevents outsiders from acquiring immovable property, government jobs, scholarships in Jammu and Kashmir.

Faesal was recently in news after the state government initiated a disciplinary proceedings against him at the behest of the central government for tweeting against the growing menace of rape in India.

Meanwhile, the Supreme Court, which was expected to hear a plea challenging the validity of Article 35A deferred the matter till the last week of August.


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