Article 35a: can sc deliver a reformist ruling like triple talaq?
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MISUSE OF EXECUTIVE ORDER To quote Balraj Puri, an eminent writer of Jammu and Kashmir, “It was in the mid-sixties when the then Revenue Minister issued an executive order directing all
deputy commissioners to issue certificate of permanent residence to women with the proviso ‘valid till marriage’.” Even this order, which lacked the force of law, was differently
interpreted. When daughter of a senior bureaucrat, SAS Qadri, of the state married Mehmood-ul-Rehman, an IAS officer from outside the state, in 1973, her status as a permanent resident of
the state and her right to inherit property of her father under that was declared valid by the Revenue Minister on the ground that “the Constitution of Jammu and Kashmir or any other law
does not provide for deprivation of a permanent resident of the state of his or her status.” The provision of the Act, thus, has been used selectively and arbitrarily by Kashmiri
politicians. Like the Triple Talaq, this also does not have any legal or moral sanctity. ALSO READ: 7 Years After Banning Triple Talaq, MP’s Sharia Court Reacts to SC