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Elizabeth Daily
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Elizabeth Daily
Daily at the San Diego Comic-Con International in July 2008
Born
Elizabeth Ann Guttman
(1961-09-11) September 11, 1961 (age 56)
Los Angeles, California, U.S.
Other names
E. G. Daily
Occupation
Actress, voice actress, singer
Years active
1979–present
Spouse(s)
Rick Salomon
(m. 1995; div. 2000)
Children
2
Elizabeth Ann Guttman (born September 11, 1961), known professionally as Elizabeth Daily and E. G. Daily, is an American voice, onscreen actress and singer known for her portrayal of voicing Tommy Pickles in the Nickelodeon series Rugrats and its spin-off All Grown Up! and in the Rugrats film series and Buttercup in Cartoon Network's The Powerpuff Girls. Daily also provided the voice of the title pig in the live-action feature film Babe: Pig in the City.
Contents
[hide]
1 Acting career
1.1 Voice acting
1.2 Live acting
1.3 Stand-up comic
2 Singing career
2.1 The Voice
3 Personal life
4 Filmography
4.1 Film
4.2 Short subjects
4.3 Television
4.4 Video games
5 Discography
5.1 Albums
5.2 Singles
6 See also
7 References
8 External links
Acting career[edit]
Voice acting[edit]
She has voiced television characters such as Tommy Pickles in Rugrats and its spin-off All Grown Up! and in the Rugrats film series, Buttercup in The Powerpuff Girls, Rudy Tabootie in ChalkZone, and Freefall / Roxy Spaulding in the film Gen¹³ and Private Isabel "Dizzy" Flores in Roughnecks: Starship Troopers Chronicles. She provided the voice for the title role in the live-action feature film Babe: Pig in the City, replacing Christine Cavanaugh. More recently in 2013, she began doing the voice of Julius Jr. on the self-titled Nick Jr. television show.
In a 2000 article from LA Weekly, in reference to how she portrays Buttercup on The Powerpuff Girls, Daily says: "Spicy Buttercup is feisty. She's passionate about things, and a little bit aggressive I get to rage out every now and then. You have to be pretty contained a lot of the time, and Buttercup sometimes gets a little leaky."[1]
Live acting[edit]
Besides doing voice-overs, Daily has acted in film and on TV. She played Sandy Burns on the PBS series The Righteous Apples from 1980 to 1981. In 1985, she starred as Dottie in Pee-wee's Big Adventure as well as Loryn in Valley Girl and as a singer in the comedy Better Off Dead. She also appeared on such shows as Laverne & Shirley, CHiPs, Fame and Friends. She was also in the video for Rod Stewart's song "Young Turks" as Patti, one of the runaway teens.[2] She has been cast in several Rob Zombie films, most recently in 2015 as Sex-Head in Rob Zombie's 31,[3] the woman on the side of Torsten Voges, who plays Death-Head.[4]
Stand-up comic[edit]
Daily created and performed a one-woman stand-up comedy tour about the ups and downs of her career and life.[citation needed]
Singing career[edit]
Daily signed with A&M Records in 1985, working with Madonna's frequent collaborators John "Jellybean" Benitez and Stephen Bray. In 1986, that label released the R&B/Rock single "Say It, Say It". The song made it to No. 70 on the Billboard Hot 100, and the No. 1 spot on the Hot Dance Music/Club Play chart. (Other versions of the song appeared as early as 1981). Her songs "Shake It Up" and "I'm Hot Tonight" were included in the soundtrack to the film Scarface. Those same songs were later included in the lineup of fictional radio station Flashback 95.6 FM in the Grand Theft Auto III video game. They were also included in the Scarface: The World Is Yours video game, based on the 1983 film. Her hit "Love in the Shadows" was featured in the films Thief of Hearts and Circuit.
Also in 1985, she provided back-up vocals for The Human League front-man Philip Oakey's debut solo album, Philip Oakey & Giorgio Moroder.[5] That same year, she appeared in the comedy film Better Off Dead, singing the songs "One Way Love (Better Off Dead)" and "A Little Luck" as a member of a band performing at a high school dance. Both songs were included on the soundtrack album credited to E. G. Daily. She performed a song on The Breakfast Club soundtrack called "Waiting".
In 1987, she released the song "Mind Over Matter", which is featured in the film Summer School. Daily plays guitar, harmonica, keyboards, and percussion instruments. In her 1988 song, "Some People", from her Lace Around the Wound album, produced by Lotti Golden and Tommy Faragher, she plays guitar and harmonica. In 1999, she released her third studio album Tearing Down the Walls.
Daily released a song titled "Changing Faces" in 2003. The song was used on the end credits of Rugrats Go Wild. She also released a single titled "Beautiful" which she made available through iTunes on April 29, 2008. She also sang the song "Dawn's Theme", which was used at the end of the movie Streets. From 2003 to 2011, Daily did the voice-over of Jake Harper singing the Two and a Half Men song.
Her genres are country, dance, pop and rock.
The Voice[edit]
In fall 2013, Daily sang as a contestant on the fifth season of the NBC reality show The Voice. In the blind audition broadcast on September 24, 2013, she sang "Breathe" from Faith Hill. Two of the four judges on the show, Blake Shelton and Cee Lo Green, turned around their chairs for her. She chose to be on Team Blake.
Daily proceeded to win her battle in the shows battle round's singing the song "Something to Talk About". She lost in the Knockout Rounds, with a performance of Bonnie Raitt's, "I Can't Make You Love Me".
Personal life[edit]
Daily was dating actor Jon-Erik Hexum of the television show Cover Up at the time of his death in 1984. She was rumored to have dated actor and comedian Paul Reubens while filming Pee-wee's Big Adventure, and has also been in a brief relationship with actor Brad Pitt.
Daily was married to Rick Salomon from 1995 to 2000.[citation needed] They had two daughters, Hunter (born in 1996) and Tyson (born in 1998). Daily also owns 2 dogs which are a chihuahua and a rottweiler.[6]
Filmography[edit]
Film[edit]
Year
Film
Role
Notes
1978 Jukebox Audition Dancer Credited as Elizabeth Guttman
1981 Street Music Sadie Deleward
1982 One Dark Night Leslie Winslow
The Escape Artist Sandra
Wacko Bambi
Ladies and Gentlemen, The Fabulous Stains Motel Maid
1983 Funny Money Cass
Valley Girl Loryn
1984 Streets of Fire Baby Doll
No Small Affair Susan
1985 Fandango Judy
Pee-wee's Big Adventure Dottie
Better Off Dead Singer
1988 Bad Dreams Lana
1989 Loverboy Linda
1991 Dutch Hailey
Dogfight Marcie
1992 Lorenzo's Oil Vocal effects for Lorenzo
1994 The Little Rascals Dubbing voice of Froggy
The Flintstones Dubbing voice of Bamm-Bamm Uncredited
1995 A Goofy Movie Additional Voices
1996 Jungle Cubs Bagheera First season only
1998 The Rugrats Movie Tommy Pickles
Babe: Pig in the City Babe
1999 Gen¹³ Freefall Unreleased in US, but direct-to-video in Europe and Australia
2000 Bob's Video V.C.
Alvin and the Chipmunks Meet the Wolfman Nathan Direct-to-video
Scooby-Doo! and the Witch's Ghost Additional Voices Direct-to-video
Rugrats in Paris: The Movie Tommy Pickles
2001 Recess: School's Out Cap'n Sticky
The Trumpet of the Swan Ella
2002 The Making and Meaning of 'We Are Family' Documentary
The Powerpuff Girls Movie Buttercup
The Country Bears Beary Barrington (singing voice)
2003 Rugrats Go Wild Tommy Pickles
2005 Potheads: The Movie Mrs. B Johnson
The Devil's Rejects Candy
2006 Cutting Room Joanne Kramer
Mustang Sally Mustang Sally
Happy Feet Baby Mumble
National Lampoon's Pledge This! Catherine Johnson
2007 White Air Alex's Mother
2008 Gnomes and Trolls: The Secret Chamber Junior
2009 My Sister's Keeper Nurse Susan
2010 Cats & Dogs: The Revenge of Kitty Galore Catherine's Niece, Patches & Scrumptious (voice)
Gnomes and Trolls: The Forest Trial Junior
2011 Boy Toy Helen Video
credited as "E. G. Daily
Happy Feet Two Erik (vocals)/Additional Voices
2012 Yellow Aunt Netty
Wreck-It Ralph Additional Voices
2013 I Know That Voice Herself Documentary film on voice acting[7][8]
2014 The Hero of Color City Ben
2015 Toy Soldier Young Logan
2016 31 Sex-Head
Pizza Mouse Alice Mouse
Mothers and Daughters Momma Quinn
2017 The Emoji Movie Additional Voices
Short subjects[edit]
Year
Film
Role
Notes
1985 The Orkly Kid Carrissa
2004 Stop That Cycle Mom
2004 Wait
2007 Up-In-Down Town Binko (voice)
2015 Father Mud Mary
Toy Soldier Young Logan (voice)
2020 Underlings Arthur
Television[edit]
Year
Film
Role
Notes
1982 CHiPs Caroll Sweeney Season 5, Episode 17
1986 Saturday Night Live Herself (as E. G. Daily) Musical guest (episode 212, May 17, 1986)
1987 Popples Potato Chip Live-action pilot
1989 Camp Candy Rick/Alex/Binky Season 3
1991–2004 Rugrats Tommy Pickles, Baby Stu Pickles, Various Voices 172 episodes
1992 Darkwing Duck Lightwave Episode: The Frequency Fiends
1992–97 Eek! The Cat Wendy Elizabeth (voice) 30 episodes
1993 Teenage Mutant Ninja Turtles Quarx (voice) Episode: "The Star Child"
1994–97 Duckman Mambo (voice) 15 episodes
1995 Bump in the Night Germ Girls (voice) 1 episode
1995–96 What-a-Mess Voice 3 episodes
1995–97 The What-A-Cartoon! Show Buttercup (voice) 2 episodes
1996 Timon & Pumbaa Girl (voice) Episode: "Shopping Mauled/Library Brouhaha"
Cave Kids Bamm-Bamm Rubble (singing voice) 8 episodes
Jungle Cubs Bagheera (voice) 13 episodes
1996–97 Quack Pack Louie (voice) 39 episodes
1997 Friends Leslie (as E. G. Daily) Episode: "The One with Phoebe's Ex-Partner"
Spicy City Nisa, Darleen (voice) Episode: "Love is a Download"
1997–98 The Crayon Box Piggy Banks (voice) Voice
1997–2001 Recess Various Voices 4 episodes
1998 The New Batman Adventures Thrift Store Manager (voice) Episode: "Beware the Creeper"
1998–2005 The Powerpuff Girls Buttercup, Various Voices 81 episodes
1999–2000 Roughnecks: Starship Troopers Chronicles Private Isabelle "Dizzy" Flores (voice) 40 episodes
1999–2002 The New Woody Woodpecker Show Knothead (voice) 15 episodes
2000–02 Baby Blues Zoe
2000–03 Clifford the Big Red Dog Cousin Laura (voice) 1 episode
2001–07 What's with Andy? Additional Voices 5 episodes
2002–08 ChalkZone Rudy Tabootie (voice), Various Voices 42 episodes
2003–08 All Grown Up! Tommy Pickles (voice), Various Voices 52 episodes
2003–10 Two and a Half Men Jake Harper (voice – opening theme song)
2004 Game Over Billy Smashenburn, Zenna 6 episodes
2005 Danger Rangers Bobby, Kid, and Sparky
2006–2015 Curious George Steve, Various Voices 44 episodes
2007 The Land Before Time Rhett, Shorty (voice) Episodes: "The Brave Longneck Scheme" (as Rhett), "The Big Longneck Test" (as Shorty)
Random! Cartoons Victor, One-Eyed Bird, Co-Worker No. 1 (voice) Episode: "Victor"
2007–08 Ni Hao, Kai-Lan Mr. Hoppy (voice) 2 episodes
2008 Rahan The Shadow Queen 26 episodes
2010–12 The Avengers: Earth's Mightiest Heroes Bobbi Morse/Mockingbird/Veranke 5 episodes
2010–13 Pound Puppies Dolly, Mom (2), Tipper, Scout, Various Voices 22 episodes
2013 The Voice Herself/Contestant
2013–15 Julius Jr. Julius Junior (voice) 51 episodes
2014 TripTank Anthony, Sean, Kids 2-6 (voice) 3 episodes
2016 Avengers: Ultron Revolution Moonstone/Meteorite (voice) 3 episodes
The Middle Daphne Episode: "The Wisdom Teeth"
2017 Adam Ruins Everything Student (voice) Episode: "Adam Ruins What We Learned in School"
Video games[edit]
Year
Video game
Role
Notes
1995 Stonekeep Sweetie Surly
1997 Duckman: The Graphic Adventures of a Private Dick Mambo
1998 Rugrats Adventure Game Tommy Pickles, Parade Lady
Rugrats: Search for Reptar Tommy Pickles
2000 Rugrats in Paris: The Movies Tommy Pickles
2001 Nicktoons Racing Tommy Pickles
The Powerpuff Girls: Mojo Jojo's Pet Project Buttercup
The Powerpuff Girls: Chemical X-traction Buttercup
2002 Rugrats: Royal Ransom Tommy Pickles
2002 The Powerpuff Girls: Relish Rampage Buttercup, Male Child 5, Female Child 5
2003 Rugrats Go Wild! Tommy Pickles
2004 The Incredibles Helen Parr/Elastigirl
2006 Baten Kaitos Origins Wacho
Downhill Jam Fei Liu
Happy Feet Toddler Mumble, Toddler Gloria
2008 Speed Racer: The Videogame Rosey Blaze
2009 Cartoon Network Universe: FusionFall Buttercup
Marvel: Ultimate Alliance 2 Spider-Woman (Jessica Drew)
2012 Skylanders: Giants Sprocket
2013 Skylanders: Swap Force Sprocket
2014 Skylanders: Trap Team Sprocket
2015 Skylanders: SuperChargers Sprocket [9]
Fire Emblem Fates Hinoka, Peri, Selkie credited as "Lizzy Hunter"
2016 Doom UAC Facility voice, additional voices credited as "E. G. Daily"
Discography[edit]
Albums[edit]
Title
Album details
Wild Child
Released: 1985
Label: A&M
Formats: CD, LP, cassette
Lace Around the Wound
Released: May 25, 1989
Label: A&M
Formats: CD, LP, cassette
Tearing Down the Walls
Released: April 13, 1999
Label: EGDP
Formats: CD
Changing Faces
Released: 2008
Label: EGDP
Formats: CD
Singles[edit]
Year
Single
Peak chart positions
Album
US
US Club
US Dance
US R&B
CAN
FR
IT
NL
NZ
1986
"Say It, Say It"
70 1 4 71 46 – 22 13 14 Wild Child
"Love in the Shadows"
– 6 14 – – – – 37 —
1987
"Mind Over Matter"
– 7 17 – – – – – — Summer School soundtrack
1989
"Some People"
– 33 – – – – – – — Lace Around the Wound
1990
"This Time"
– – – – – 5 – – —
1999
"Don't Even Care"
– – – – – – – – — Tearing Down the Walls
"Breath of Heaven"
– – – – – – – – —
2003
"Changing Faces"
– – – – – – – – — Changing Faces
2008
"Beautiful"
– 19 – – – – – – —
2010
"Somebody's Loving You"
– – – – – – – – — Non-album single
See also[edit]
List of number-one dance hits (United States)
List of artists who reached number one on the US Dance chart
References[edit]
Jump up ^ E.G. Daily's interview from LA Weekly's review on The Powerpuff Girls
Jump up ^ Official site of EG Daily – Film and TV Archived July 10, 2011, at the Wayback Machine.
Jump up ^ 80′s Babe and Voice Actor Joins Rob Zombie’s ’31′
Jump up ^ More Footage of Rob Zombie Prepping ’31′
Jump up ^ Giorgio Moroder Discography
Jump up ^ "Pam Anderson Weds Rick Salomon". US Magazine. October 7, 2007. Archived from the original on October 11, 2007. Retrieved 2009-10-01. Among the guests were ... his daughters Hunter, 11, and Tyson, 9.
Jump up ^ I Know That Voice. 2013.
Jump up ^ Blazenhoff, Rusty (2013-10-03). "I Know That Voice, A Documentary About the World of Voice Acting". Laughing Squid.
Jump up ^ Vicarious Visions. Skylanders: SuperChargers. Activision. Scene: Closing credits, 7:13 in, Voice Actors.
External links[edit]
Official website
Elizabeth Daily on IMDb
[show]
v
t
e
The Voice (U.S.)
Seasons
1
2
3
4
5
6
7
8
9
10
11
12
13
14
Winners
Javier Colon
Jermaine Paul
Cassadee Pope
Danielle Bradbery
Tessanne Chin
Josh Kaufman
Craig Wayne Boyd
Sawyer Fredericks
Jordan Smith
Alisan Porter
Sundance Head
Chris Blue
Chloe Kohanski
Winner's singles
"Stitch by Stitch"
"I Believe I Can Fly"
"Cry"
"Born to Fly"
"Tumbling Down"
"Set Fire to the Rain"
"My Baby's Got a Smile on Her Face"
"Please"
"Climb Ev'ry Mountain"
"Down That Road"
"Darlin' Don't Go"
"Money on You"
"Wish I Didn't Love You"
Runners-up
Dia Frampton
Juliet Simms
Terry McDermott
Michelle Chamuel
Jacquie Lee
Jake Worthington
Matt McAndrew
Meghan Linsey
Emily Ann Roberts
Adam Wakefield
Billy Gilman
Lauren Duski
Addison Agen
Other notable artists
Vicci Martinez
Frenchie Davis
Rebecca Loebe
Xenia
Tje Austin
Beverly McClellan
Raquel Castro
Nakia
Serabee
Casey Desmond
Justin Grennan
The Thompson Sisters
Jared Blake
Casey Weston
RaeLynn
Jesse Campbell
Chris Mann
Tony Lucca
Gwen Sebastian
Kim Yarbrough
Angel Taylor
Pip
Katrina Parker
Erin Martin
Moses Stone
Jordis Unga
Naia Kete
Charlotte Sometimes
Tony Vincent
Mathai
Lex Land
Nicholas David
Amanda Brown
Melanie Martinez
MacKenzie Bourg
Collin McLoughlin
Suzanna Choffel
Jordan Pruitt
Rod Michael
Chris Trousdale
Anita Antoinette
Cupid
The Swon Brothers
Sasha Allen
Judith Hill
Kris Thomas
Jeff Lewis
Julie Roberts
Holly Tucker
Will Champlin
James Wolpert
Cole Vosbury
Josh Logan
E. G. Daily
Holly Henry
Donna Allen
Dominic Scott Kay
Christina Grimmie
Sisaundra Lewis
Paula DeAnda
Lindsay Pagano
Chris Jamison
Taylor John Williams
Andy Cherry
MEGG
Koryn Hawthorne
Barrett Baber
Jeffery Austin
Madi Davis
Amy Vachal
Viktor Király
Keith Semple
Alex Kandel
Tyler Dickerson
Mary Sarah
Daniel Passino
Owen Danoff
Emily Keener
Tamar Davis
Chase Walker
Chris Cron
Josh Hoyer
Brennley Brown
Hunter Plake
Mark Isaiah
Brooke Simpson
Esera Tuaolo
Katrina Rose
Natalie Stovall
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The Voice: Neon Dreams
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WorldCat Identities
VIAF: 54342290
LCCN: n91079306
ISNI: 0000 0001 1645 4283
GND: 1029691274
SUDOC: 145021777
BNF: cb13992921x (data)
MusicBrainz: aa263df5-9507-43de-ba1d-77448d456b16
BNE: XX4785395
Retrieved from "https://en.wikipedia.org/w/index.php?title=Elizabeth_Daily&oldid=821611810"
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Article 35A of the Constitution of India
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XV ∙ XVI ∙ XVIA ∙ XVII ∙ XVIII ∙ XIX ∙ XX ∙ XXI
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Article 35A of the Indian Constitution is an article that empowers the Jammu and Kashmir state's legislature to define “permanent residents” of the state and provide special rights and privileges to those permanent residents.[1][2] It was added to the Constitution through a Presidential Order, i.e., The Constitution (Application to Jammu and Kashmir) Order, 1954 - issued by the President of India on 14 May 1954, exercising the powers conferred by the clause (1) of the Article 370 of the Indian Constitution, and with the concurrence of the Government of the State of Jammu and Kashmir.[3]
Contents
1 Background
2 Text of the Article
3 Enactment
4 Permanent Residents
5 Debate
5.1 Criticism
5.2 Support
6 See also
7 References
8 Bibliography
Background[edit]
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.[4] 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. In particular, the Pandit community had launched a "Kashmir for the Kashmiri" movement demanding that only Kashmiris should be employed in state government jobs. 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 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.[5][6]
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.[7][8]
In his statement to the Lok Sabha on the Delhi agreement, Nehru has said:[9]
The question of citizenship arose obviously. Full citizenship applies there. But our friends from Kashmir were very apprehensive about one or two matters. For a long time past, in the Maharaja's time, there had been laws there preventing any outsider, that is, any person from outside Kashmir, from acquiring or holding land in Kashmir. If I mention it, in the old days the Maharaja was very much afraid of a large number of Englishmen coming and settling down there, because the climate is delectable, and acquiring property. So although most of their rights were taken away from the Maharaja under the British rule, the Maharaja stuck to this that nobody from outside should acquire land there. And that continues. So the present Government of Kashmir is very anxious to preserve that right because they are afraid, and I think rightly afraid, that Kashmir would be overrun by people whose sole qualification might be the possession of too much money and nothing else, who might buy up, and get the delectable places. Now they want to vary the old Maharaja’s laws to liberalise it, but nevertheless to have checks on the acquisition of lands by persons from outside. However, we agree that this should be cleared up. The old state’s subjects definition gave certain privileges regarding this acquisition of land, the services, and other minor things, I think, State scholarships and the rest.
So, we agreed and noted this down: 'The State legislature shall have power to define and regulate the rights and privileges of the permanent residents of the State, more especially in regard to the acquisition of immovable property, appointments to services and like matters. Till then the existing State law should apply.'
Following the adoption of the provisions of the Delhi Agreement by the Constituent Assembly of Jammu and Kashmir, the President of India issued The Constitution (Application to Jammu and Kashmir) Order, 1954, through which Indian citizenship was extended to the residents of the state, and simultaneously the Article 35A was inserted into the Indian constitution enabling the State legislature to define the privileges of the permanent residents.[7][8]
Text of the Article[edit]
"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:[10]
(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."
Enactment[edit]
The Constitution (Application to Jammu and Kashmir) Order, 1954 was issued by President Rajendra Prasad under Article 370, with the advice of the Union Government headed by Jawaharlal Nehru. It was enacted as a subsequent to the '1952 Delhi agreement', reached between Nehru and the then Prime Minister of Jammu and Kashmir Sheikh Abdullah, which dealt with the extension of Indian citizenship to the Jammu and Kashmir "state subjects".[11][9][12]
The state is empowered, both in the Instrument of Accession and the Article 370, to decree exceptions to any extension of the Indian Constitution to the state, other than in the matter of ceded subjects. So Article 35A is seen as an exception allowed by the Article 370, clause(1)(d).[11][9][13]
Bakshi Ghulam Mohammad of the Jammu and Kashmir National Conference was the Prime Minister of Jammu and Kashmir at the time of the 1954 Presidential order.
As the Article 35A was added to the Constitution by the executive head without any discussion in the Parliament, questions have been raised about the manner of its enactment.[14]
Permanent Residents[edit]
The Jammu and Kashmir Constitution, which was adopted on November 17, 1956, defined a Permanent Resident (PR) of the state as a person who was a state subject on May 14, 1954, or who has been a resident of the state for 10 years, and has “lawfully acquired immovable property in the state”.[1][15] The Jammu and Kashmir state legislature can alter the definition of PR through a law passed with two-thirds majority.[citation needed]
Jammu and Kashmir Constituent Assembly incorporated in Jammu and Kashmir Constitution discriminatory provisions under Section-51 (Qualifications for membership of the Legislature. - A person shall not be qualified to be chosen to fill a seat in the Legislature unless he is a Permanent Resident of the State), Section- 127 (Transitional provisions. - Until other provision is made in this behalf under this Constitution, all the laws in force immediately before the commencement of this Constitution and applicable to any public service or any post which continues to exist after the commencement of this Constitution, as service or post under the State, shall continue in force so far-as consistent with the provisions of this Constitution) and Section-140 (The elections to the Legislative Assembly shall be on the basis of adult suffrage ; that is to say, every person who is a permanent resident of the State and who is not less than Eighteen years of age on such date …), etc.
No person who is not a Permanent Resident of Jammu and Kashmir can own property in Jammu and Kashmir.
No person who is not a Permanent Resident of Jammu and Kashmir can obtain job within Jammu and Kashmir Government.
No person who is not a Permanent Resident of Jammu and Kashmir can join any professional college run by government of Jammu and Kashmir or get any form of government aid out of government funds.
Debate[edit]
Criticism[edit]
In July 2015, an RSS-backed think-tank called the Jammu & Kashmir Study Centre first came up with the idea to challenge Article 35A in the Supreme Court. A petition was filed in the Delhi High Court against the Article.[16][17] Later, it was also challenged in the Supreme Court.[18]
The legality issues pointed are:
Article 35A was not added to the Constitution by following the procedure prescribed for amendment of the Constitution of India under Article 368. Article 370 does not anywhere confer on the President legislative or executive powers so vast that he can amend the Constitution or perform the function of Parliament. It has been brought about by the executive organ when actually the right of amendment of the Constitution lies with the legislative organ. Therefore, it is, allegedly, ultra vires the basic structure of the Constitution since it violates the Constitutional procedures established by law.[19]
Besides carrying out many modifications and changes, this order 'added' a new "Article 35A" to the Constitution of India. Addition or deletion of an Article amounted to an amendment to the Constitution which could be done only by Parliament as per procedure laid down in Article 368. But, Article 35A was never presented before Parliament. This meant the President had bypassed Parliament in this order to add Article 35A.[16]
The PRC classification created by Article 35A suffers from the violation of Article 14, Equality before the Law. The non-resident Indian citizens cannot have the rights and privileges, same as permanent residents of Jammu and Kashmir.[19]
This also meant that the amending power of Parliament under Article 368 of the Constitution itself was abridged in its application to Jammu and Kashmir, another amendment, without any reference to Parliament. When the President of India does not have legislative powers, he performed the function of Parliament.[16]
The main objections raised are:
It facilitates the violation of the right of women to ‘marry a man of their choice’ by not giving the heirs any right to property, if the woman marries a man that is not a permanent resident. Therefore, her children are not given Permanent Resident Certificate and thereby considering them unfit for inheritance – not given any right to such a woman’s property even if she is a permanent resident.[20][21]
It facilitates the free and unrestrained violation of fundamental rights of those workers and settlers like Scheduled Caste and Scheduled Tribe people who have lived there for generations. The Valmikis who were brought to the state during 1957 were given Permanent Resident Certificates on the condition that they and their future generations could stay in the state only if they continued to be safai-karmacharis (scavengers). And even after six decades of service in the state, their children are safai-karmacharis and they have been denied the right to quit scavenging and choose any other profession.[16][22][23]
The industrial sector & whole private sector suffers due to the property ownership restrictions. Good doctors don't come to the state for the same reason.[16]
Children of non-state subjects do not get admission to state colleges.[16]
It ruins the status of West Pakistani refugees. Being citizens of India they are not stateless persons, but being non-permanent residents of Jammu and Kashmir, they cannot enjoy the basic rights and privileges as being enjoyed by permanent residents of Jammu and Kashmir.[19]
It gives a free hand to the state government and politicians to discriminate between citizens of India, on an unfair basis and give preferential treatment to some by trampling over others, since the non-residents of the state are debarred from buying properties, getting a government job or voting in the local elections.[24]
Support[edit]
According to constitutional expert A G Noorani, all the legal arguments against the article are groundless, and are raised with "communal-minded majoritarian" intentions. He refers to the various Articles in the Constitution, that similarly provide special rights to other Indian states, and remarks that no objections were raised on them. Since Article 370 was enacted on 26 November 1949 as part of the Constitution of India by the Constituent Assembly of India which was a sovereign body, he remarks, Article 35A "flows inexorably" from it. He recalls the Sheikh Abdullah's report to Kashmir’s Constituent Assembly on 11 August 1952, which said, “it was agreed that the State legislature shall have power to define and regulate the rights and privileges of the permanent residents of the State more especially in regard to acquisition of immovable property, appointments to services and like matters. There are historic reasons which necessitate such constitutional safeguards as for centuries past, the people of the State have been victims of exploitation at the hands of their well-to-do neighbours."[9]
Article 35 A protects the demographic status of the Jammu and Kashmir state in its prescribed constitutional form. Scholar Srinath Raghavan states, Kashmiris are apprehensive that any move to abrogate Article 35A would open the gates for a demographic transformation of the valley, an objective advanced by the Sangh Parivar groups as an ideal solution to the Kashmir issue. He further says that the state's autonomy has been gradually eroded by various governments of Delhi through misuse of the provisions of Article 370, and remarks: "Kashmiris have come to regard the rights of permanent settlement as the only remaining piece of any meaningful autonomy." Former Chief Minister of Jammu and Kashmir, Mufti Mohammad Sayeed, while speaking about the issue of West Pakistani refugees, has said, "before we do anything on this, we need to allay genuine fears that there is an attempt to change the demographics of the state.”[13][25]
Noorani also points to the observations made by the High Court of Jammu & Kashmir in this regard, while delivering a judgement on 16 July 2015:[9][26]
"The Parliament has no power to legislate law about the subject's administration of justice, the land & the other immovable properties. [...]
Article 35(A) of the Constitution of India, which has been applied to the State of Jammu and Kashmir, not only recognizes but clarifies the already existing constitutional and legal position and does not extend something new to state of Jammu and Kashmir. This article, on its own, does not give anything new to the State of Jammu and Kashmir. Article 14 of the Constitution of India, as has been made applicable to the State of Jammu and Kashmir, thus, gave equal protection of laws to the State subjects/citizens as a class apart. Similarly, article 19(1)(f) of the Constitution of India, which has been made applicable to the State of Jammu and Kashmir and till date continues to be in force in the State, recognizes the right to own, hold and dispose of property, which right otherwise is inherent in the State subjects/citizens of the State of Jammu and Kashmir, who stand defined in terms of Elans/Orders of His Highness and the Constitution of Jammu and Kashmir.
Laws have their own universe. They operate in matter and not in vacuum. The laws are located in time and space. In the State of Jammu and Kashmir, the immovable property of a State subject/citizen, cannot be permitted to be transferred to a non State subject. This legal and constitutional protection is inherent in the State subjects of the State of Jammu and Kashmir and this fundamental and basic inherent right cannot be taken away in view of peculiar and special constitutional position occupied by State of Jammu and Kashmir. Article 35-A is clarificatory provision to clear the issue of constitutional position obtaining in rest of country in contrast to State of Jammu and Kashmir. This provision clears the constitutional relationship between people of rest of country with people of Jammu and Kashmir."
As an amendment to, or modification of, the 1954 order, 41 subsequent Presidential orders have been passed afterwards. According to the report of the State Autonomy Committee, the central government, through these Presidential orders, extended 94 out of 97 entries in the Union List to Jammu and Kashmir, and made applicable to the state 260 out of 395 articles of the Indian Constitution. They have been used to issue provisions and make changes, which include - replacing the elected Sadr-e-Riyasat (President of the State) with a Governor chosen by the Centre; changing the ‘Prime Minister’ of the state to Chief Minister; extending the powers of the Supreme Court and Election Commission to Jammu and Kashmir; and preventing the state Assembly from making any amendment to the Jammu and Kashmir Constitution. Kashmir advocate Zaffar Shah says, Article 35A has been added in the Constitutional Application Order 1954 and by questioning it, the entire Constitutional Application Order will have to be questioned. If the Court rules that Constitutional Application Orders are invalid, such a judgment will have to be made applicable to all the Constitutional Application Orders from 1950 till date. The Constitutional link between the Union and the State will be snapped and the position of the State will be same as it was before constitutional arrangements were worked out. So, if the order of 1954 is snapped, Jammu and Kashmir can, in theory, return to the pre-1954 constitutional arrangement, where the Centre’s powers were restricted to Defence, Foreign Affairs and Communications alone, according to the Instrument of Accession. Zaffar Shah states, it will also affect various provisions of the Constitution of the State and result in Constitutional crisis.[13][1][2]
Zaffar Shah adds that the scope and extent of power of the President to apply Constitutional provisions with or without “exceptions” or “modifications” has already been subject matter of the decisions of the Supreme Court of India, and he opines, it is ruled to be co-extensive with the power to amend Constitution and includes the power to enlarge any existing provision or add new provision. He says the only requirement is that it has to be done by the President with “concurrence” of the Government of Jammu and Kashmir.[2]
The major political parties of the Kashmir Valley, NC and PDP have remained in support to the preservation and safeguarding of Article 370 and Article 35A.[27][28][29] In defense of Article 35-A, the Jammu and Kashmir state Government in November 2015, prepared a report which read, "though Article 368 has been applied to State of Jammu and Kashmir, that would not curtail power of President under Article 370 to amend any provision of Constitution of India in its application to Jammu and Kashmir”. It termed the PIL against the article as “legally misconceived, untenable and meritless”.[13]
In January 2017, the Chief Minister of Jammu and Kashmir, Mehbooba Mufti of PDP has commented that anybody raking up Article 370 & Article 35 A repeatedly, is hurting the soul of Kashmir. Vowing to oppose any such move, she said, “There will be no bigger anti-national thing than this because when you weaken this uniqueness of Kashmir through judiciary, then those forces in Kashmir Valley, who want to put an end to the composite culture in Kashmir Valley and want to have people from one community (Muslims) only, with one attire and one way of life, you will only make them successful.”[30] Talking about BJP's opposition to the state's autonomy, she also said, “when the people of BJP talk of Article 370, they talk of technical integration. We have to make them understand that we also want that Jammu and Kashmir should fully integrate with India emotionally, technically." She added that the integration which should have been done "emotionally and psychologically", was not done completely, which is needed, and for it, she said, Article 370 is not an impediment but a bridge which connects the state of Jammu and Kashmir and the rest of India.[31] Previously in 2014, during a similar debate regarding autonomy of Jammu and Kashmir and Article 370, Mehbooba Mufti stated that fiddling with Article 370 could lead to anarchy in the state. She said, such “irresponsible utterances” should be stopped as they could have serious repercussions in Jammu and Kashmir, besides having the potential of spoiling the atmosphere of inclusiveness and peace which the Indian government aims at achieving.[32][33][34][35]
Raghavan has stated that any attempt by Delhi to tamper with the state's autonomy "is bound to result in a massive backlash".[13]
See also[edit]
Article 370
Constitution of Jammu and Kashmir
Instrument of Accession (Jammu and Kashmir)
Kashmir conflict
References[edit]
^ Jump up to: a b c "Origin of Jammu and Kashmir: Analysis of Article 370 in Present Scenario". LexHindustan. Archived from the original on 12 October 2017. Retrieved 22 March 2017.
^ Jump up to: a b c Rashid, D. A. "'If Article 35A goes, all Presidential Orders from 1950-75 will go'". Greater Kashmir. Archived from the original on 23 March 2017. Retrieved 22 March 2017.
Jump up ^ "The Constitution (Application to Jammu and Kashmir) Order, 1954" (PDF). Archived (PDF) from the original on 4 August 2016. Retrieved 12 August 2015.
Jump up ^ Robinson, Body of Victim, Body of Warrior 2013, p. 31.
Jump up ^ Robinson, Body of Victim, Body of Warrior 2013, pp. 34–35.
Jump up ^ Das Gupta, Jammu and Kashmir 2012, p. 54.
^ Jump up to: a b Constantin & Kössler, Jammu and Kashmir: A case of eroded autonomy 2014, pp. 126–127.
^ Jump up to: a b Das Gupta, Jammu and Kashmir 2012, pp. 198, 211.
^ Jump up to: a b c d e Noorani, A. G. "Article 35A is beyond challenge". Greater Kashmir. Archived from the original on 23 March 2017. Retrieved 22 March 2017.
Jump up ^ The Constitution (Application to Jammu and Kashmir) Order, 1954
^ Jump up to: a b "JK ready to defend Article 35-A in Supreme Court". Greater Kashmir. Archived from the original on 23 March 2017. Retrieved 22 March 2017.
Jump up ^ "What Delhi Agreement of 1952 is all about". Kashmir Reader. 22 September 2016. Archived from the original on 16 March 2017. Retrieved 22 March 2017.
^ Jump up to: a b c d e Srinath Raghavan, Kashmir’s Article 35A conundrum: New Delhi must tread carefully Archived 10 August 2017 at the Wayback Machine., Hindustan Times, 3 August 2017.
Jump up ^ "Denial of Citizenship Rights to the J&K Migrants under Article 35A: A Debate'". Archived from the original on 25 December 2016. Retrieved 22 March 2017.
Jump up ^ Das Gupta, Jammu and Kashmir 2012, pp. 225–226.
^ Jump up to: a b c d e f "In first direct salvo, RSS aims legal missile at J-K special status". India Today. Archived from the original on 18 March 2017. Retrieved 22 March 2017.
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^ Jump up to: a b c Bhatia, Prof K. L. (17 April 2014). "Article 35A A Mishmash of the Textual Constitution of India". Prof. K. L. Bhatia. Archived from the original on 18 March 2017. Retrieved 22 March 2017.
Jump up ^ Kumar, Pradeep. Article 370: Evolving Clarity Beyond the Conundrum. Mewar University. ISBN 978-93-85212-16-1.
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Jump up ^ In J-K, most manual scavengers can’t get rehab benefits Archived 5 August 2018 at the Wayback Machine., The Tribune, 17 December 2015.
Jump up ^ "Articles 370 & 35". The Hans India. 9 February 2017. Archived from the original on 23 March 2017. Retrieved 22 March 2017.
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Jump up ^ Ashiq, Peerzada. "Opposition raises Article 35A in J&K Assembly". The Hindu. Archived from the original on 6 August 2018. Retrieved 22 March 2017.
Jump up ^ "J&K government vows to defend special status under Article 35A". Mail Online. Archived from the original on 23 March 2017. Retrieved 22 March 2017.
Jump up ^ "Mufti Mohammad Sayeed government vows to protect article 370". Daily News & Analysis. 7 October 2015. Archived from the original on 5 August 2018. Retrieved 22 March 2017.
Jump up ^ "Weakening Article 370 will be the biggest anti-national act, says Mehbooba Mufti". Hindustan Times. 31 January 2017. Archived from the original on 23 March 2017. Retrieved 22 March 2017.
Jump up ^ "Article 370 is a bridge to connect J&K with rest of India: Mehbooba Mufti". The Indian Express. 10 January 2017. Archived from the original on 23 March 2017. Retrieved 22 March 2017.
Jump up ^ "MoS kicks up row over Article 370; by Bharti Jain TNN". Times of India. Archived from the original on 23 March 2017. Retrieved 22 March 2017.
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Jump up ^ "Mehbooba urges PM to rein in disruptive voices on Art 370 - Scoop News Jammu Kashmir". scoopnews.in. Archived from the original on 23 March 2017. Retrieved 22 March 2017.
Bibliography[edit]
Constantin, Sergiu; Kössler, Karl (2014), "Jammu and Kashmir: A case of eroded autonomy", in Levente Salat; Sergiu Constantin; Alexander Osipov; István Gergo Székely, Autonomy Arrangements around the World: A Collection of Well and Lesser Known Cases, Romanian Institute for Research on National Minorities, pp. 113–156, ISBN 978-606-8377-30-8
Cottrell, Jill (2013), "Kashmir: The vanishing autonomy", in Yash Ghai; Sophia Woodman, Practising Self-Government: A Comparative Study of Autonomous Regions, Cambridge University Press, pp. 163–199, doi:10.1017/CBO9781139088206.006, ISBN 978-1-107-29235-2
Das Gupta, Jyoti Bhusan (2012) [first published 1968], Jammu and Kashmir, Springer, ISBN 978-94-011-9231-6
Noorani, A. G. (2011), Article 370: A Constitutional History of Jammu and Kashmir, Oxford University Press, ISBN 978-0-19-807408-3, (Subscription required (help))
Robinson, Cabeiri deBergh (2013), Body of Victim, Body of Warrior: Refugee Families and the Making of Kashmiri Jihadists, University of California Press, ISBN 978-0-520-27421-1
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values: இந்திய அரசியலமைப்புச் சட்டம், பிரிவு 35ஏ – Tamil

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