Governor of Jammu and Kashmir Says Not Contemplating to Change the Permanent Residency Rules
         Date: 03-Dec-2018
 
 
Hushing up the high voltage drama, the Governor of Jammu and Kashmir said he is not considering to make any changes in the procedure of granting Permanent Resident Certificates (PRCs). The Governor, in reply to the letter of Omer Abdullah said, “In view of the concerns expressed by you, I will assure you that nothing will be done to modify the procedures for issuing PRCs.” He further advised the former chief minister to not to pay heed to such “frivolous and unfounded” reports and promote unnecessary mistrust among the people of the state.
 
 
The former Chief Minister of Jammu and Kashmir Omar Abdullah wrote a letter to the Governor of the state on yesterday cautioning him not to fiddle with the procedure of granting PRCs. This letter was written by him on the basis of media reports mentioning about the plan of Governor to making modifications in granting PRC. Reacting to the media reports Peoples Democratic Party (PDP), Congress and Peoples Conference (PC) warned the Governor against any tinkering with Article 35A would have catastrophic effect and detrimental to the peace process in the valley. But Bharatiya Janata Party (BJP) welcomed this report. Senior BJP leader and former deputy chief minister, Kavinder Gupta said, “This is a good step if implemented with the clause of getting the system online for the issuance of PRCs on the pattern of birth or death certificates, marriage registration certificates along with other such certificates from the respective district magistrate’s offices, online application for passports.”
 
 
• Governor said “In view of the concerns expressed by you, I will assure you that nothing will be done to modify the procedures for issuing PRCs.”
 
• National Conference, Peoples Democratic Party (PDP), Congress and Peoples Conference (PC) sharply reacted to the media report and cautioned that any fiddling with Article 35 A will have a catastrophic effect on the peace process in the state.
 
• BJP welcomed the reports on Article 35A.
 
• Article 35A violates the fundamental structure of the constitution of India and it discriminates the people including Women, Dalits, West Pakistan Refugees and Gorkhas who are residing in the state.
 
 • The matter on Article 35A is pending in the Supreme Court since 2014 and the next hearing will be held on January 2019.
 
Article 35A was inserted in the Constitution of India by the then President of India in 1954 without approving it from the Parliament of India, as mandatory under Article 368 of the constitution and it violates the basic structure of the constitution of the country. The provision gives carte blanche to the State Government to define PRC, as a result the provision is used to discriminate the people including Women, Dalits, West Pakistan Refugees and Gorkhas who are residing in the state. The decision on Article 35A is pending in the Supreme Court since 2014 and the court will hear the matter again in the month of January next year.