Government may challenge Article 35A in Supreme Court, term it unconstitutional: Sources

In a big development, the Centre is likely to challenge the Article 35A in Jammu and Kashmir and term it unconstitutional during a hearing in the Supreme Court, according to sources. Hours after Union Government issued a notification for the additional deployment of 100 companies of paramilitary forces in Kashmir valley in wake of the hearing on Article 35A in Supreme Court, several mainstream political parties held protest on Saturday. 

Article 35A, inserted in the Constitution in 1954 by way of a Presidential order, bars outsiders from settling or buying immovable property in the state. Article 35A of the Constitution gives the Jammu and Kashmir Legislature power to decide who all are “permanent residents” of the state and confer on them special rights and privileges in public sector jobs, acquisition of property in the state, scholarships and other public aid and welfare.

Meanwhile, in a letter dated February 22, the government ordered deployment of forces with 'immediate effect' in addition to the number of forces already stationed in the state. The letter was addressed to the Jammu and Kashmir home secretary, the state Chief Secretary and the Director General of Jammu and Kashmir Police. 

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According to reports, paramilitary forces are being airlifted to Srinagar. Sources say, the extra number of paramilitary forces companies of BSF, CRPF and ITBP were sent for panchayat polls in the state and were to be called back after the commencement of the election, but now it has been decided not to call them off. 

A company of paramilitary force comprises approximately 95-120 personnel, depending upon the type of force, size of company and location of deployment.