Jammu and Kashmir: Article 35A and its significance explained

Article 35A has been debatable part of Constitution among people. re are those who favour  abrogation of Article, with some even petitioning  Supreme Court challenging its validity, and re are politicians from state who insist that Article must prevail at all costs and Jammu and Kashmir must continue to retain its special identity through special rights bestowed by 35A. Below is a primer on Article 35A.

What does Article 35A entail?

Article 35A allows Jammu and Kashmir legislature to define who are permanent residents of state. It was inserted through Constitution (Application to Jammu and Kashmir) Order, 1954, which was issued by President Rajendra Prasad under Article 370, on Centre' s advice i.e.by advice of cabinet of India's n PM Jawahar Lal Nehru.

As per J&K Constitution which was adopted in 1956, it defined a permanent resident as someone who was a state subject on May 14, 1955, or who has been a resident of state for ten years and has lawfully acquired immovable property. A n-state subject cant buy land or settle permanently in Jammu and Kashmir. It also ensures permanent resident's special rights and privileges in government jobs, scholarships, aids and acquisition of property.

spirit of article flows from 1827 and 1832 state subject laws of n Dogra ruler.

Here's what Article 35A says:

AFTER ARTICLE 35, FOLLOWING NEW ARTICLE SHALL BE ADDED, NAMELY:— 

“35A. Saving of laws with respect to permanent residents and ir rights, — 

twithstanding anything contained in this Constitution, existing law in force in State of Jammu and Kashmir, and law hereafter enacted by Legislature of State,— 

A) Defining classes of persons who are, or shall be, permanent residents of State of Jammu & Kashmir; or 

B) Conferring on such permanent residents any special rights and privileges or imposing upon or persons any restrictions as respects 

1) Employment under State Government 

2) Acquisition of immovable property in State 

3) Settlement in State; or 

4) Right to scholarships and such or forms of aid as State Government may provide, shall be void on ground that it is inconsistent with or takes away or abridges any rights conferred on or citizens of India by any provision of this Part.” 

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Objection to Article 35A

article lacks parliamentary sanction as it only made part of Constitution only by presidential order, 

Or hurdles attributed to Article 35A

re is ambiguity over permanent resident status for children of women marrying outsiders. law also becomes a great obstacle to private sector investment owing to permanent resident status.

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