Centre rushes 25,000 additional forces to Valley, as speculations regarding Article 35A grow

New Delhi, Aug 02: After rushing 10,000 troops to Jammu and Kashmir, over 280 companies of security forces are now being deployed in the Valley.

The massive deployment of forces in the Valley, twice in as many weeks has fuelled further speculation.

The security forces, mostly CRPF personnel, are being deployed in vulnerable spots in the city and other parts of the valley, sources tell OneIndia.

While no official reason has been given, sources say that it is to ensure security in the Valley.

All major entry and exit points of the city have been taken over by the Central Armed Paramilitary Forces (CAPFs) with token presence of local police, they said.

Local residents have started panic-buying essentials as they are linking the deployment of forces to apprehension of deterioration in the law and order situation.

The Centre had earlier ordered deployment of about 10,000 central forces personnel to Kashmir in order to strengthen counter-insurgency operations and law and order duties.

In order to strengthen the Counter Insurgency grid as well as for maintaining law and order situation in J&K, deployment of additional 100 companies of CAPFs are ordered, the Home Ministry had said in an order, while deploying the troops earlier.

It may be recalled that National Security Advisor, Ajit Doval had visited the Amarnath shrine and returned to Delhi last week. There is speculation rife that the move could be focused around the removal of Article 35A in the state. The last time such a huge deployment was made was before the Balakot air strike.

Sources tell OneIndia that there is a move to make fresh measures in the state. He however did not spell out clearly, what the move was. Each company comprises around 100 security personnel.

What is Article 35A:

What is Article 35A? The Article empowers the legislature of Jammu and Kashmir to define permanent residents of the state and also provide special rights and privileges to such persons. Prior to 1947, Jammu and Kashmir was a princely state under the British Paramountcy.

The people of the princely states were "state subjects", not British colonial subjects. In the case of Jammu and Kashmir, the political movements in the state in the early 20th century led to the emergence of "hereditary state subject" as a political identity for the State's people, and the legal provisions for the recognition of the status were enacted by the Maharaja of Jammu and Kashmir between 1912 and 1932.The 1927 Hereditary State Subject Order, passed by the Maharaja due to the pressure of the Pandit community which had launched a "Kashmir for the Kashmiri" movement, granted to the state subjects the right to government office and the right to land use and ownership, which were not available to non-state subjects.

Following the accession of Jammu and Kashmir to the Indian Union on 26 October 1947, the Maharaja ceded control over defence, external affairs and communications (the 'ceded subjects') to the Government of India . The Article 370 of the Constitution of India and the concomitant Constitutional Order of 1950 formalised this relationship.

Discussions for furthering the relationship between the State and the Union continued, culminating in the 1952 Delhi Agreement, whereby the governments of the State and the Union agreed that Indian citizenship would be extended to all the residents of the state but the state would be empowered to legislate over the rights and privileges of the state subjects, who would now be called permanent residents.

What Article 35A states?

"Saving of laws with respect to permanent residents and their rights. - Notwithstanding anything contained in this Constitution, no existing law in force in the State of Jammu and Kashmir, and no law hereafter enacted by the Legislature of the State:
(a) defining the classes of persons who are, or shall be, permanent residents of the State of Jammu and Kashmir; or
(b) conferring on such permanent residents any special rights and privileges or imposing upon other persons any restrictions as respects-
(i) employment under the State Government;
(ii) acquisition of immovable property in the State;
(iii) settlement in the State; or
(iv) right to scholarships and such other forms of aid as the State Government may provide, shall be void on the ground that it is inconsistent with or takes away or abridges any rights conferred on the other citizens of India by any provision of this part."