Article 35A is like nikahnama, you repeal it and the relationship is over: IAS officer Shah Faesal

Faesal is already facing a disciplinary proceeding initiated by the Jammu and Kashmir government at the request of the Centre's Department of Personnel and Training for posting a tweet about frequent rapes in the country. (Photo: Facebook)


Outspoken IAS officer Shah Faesal said on Sunday repealing of Article 35A of the Constitution would end Jammu and Kashmir’s relationship with the rest of the country.

“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,” he said in a tweet.

Shah Faesal, a 2010-batch IAS exam topper, is currently pursuing a mid-career masters programme in the US.

He said the accession of Jammu and Kashmir to India took place before the Constitution had come into force.

“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?” Faesal wrote.

He, however, said continuing with the special Constitutional provisions in Jammu and Kashmir did not pose any threat to India’s sovereignty and integrity.

“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,” he said.

Shah Faesal, the 2010-batch IAS topper, is the first bureaucrat to join the debate on Article 35A. The article has been challenged in the Supreme Court, which will on Monday hear a petition seeking abrogation of this article.

READ | J-K govt initiates action against IAS topper Shah Faesal over ‘rapistan’ tweet

Faesal is already facing a disciplinary proceeding initiated by the Jammu and Kashmir government at the request of the Centre’s Department of Personnel and Training for posting a tweet about frequent rapes in the country.