Jammu & Kashmir: Article 35-A

J&K

  • Article 35A was not part of the original Constitution of India.
  • It was added in 1954 by a Presidential proclamation under Article 370 (1) (d).
  • No Parliament has ratified it. It was not added to the Constitution through amendment under Article 368 as required.
  • Article 370 gives special status to Jammu & Kashmir, which is not accorded to any other state in India.
  • Article 370 was included in the Constitution as result of negotiations between Jawaharlal Nehru and Sheikh Abdullah in 1949. It was included as a temporary measure to strengthen democracy.
  • Article 35A provides special rights and privileges for ‘Permanent Residents’ of J&K as defined by the state legislature.
  • It gives exclusive rights for the people of the state in all state government jobs, property, scholarships and other welfare programmes sponsored by the state.
  • No act of the State legislature can be challenged even if it violates the Constitution or any other law of India.
  • Citizens from other states cannot get employment or buy property within in the state.
  • But in other parts of the country denying these rights is a violation of fundamental rights under Articles 14, 19 and 21 of the Constitution.
  • Article 35A restricts the right to property for a native woman if she marries a man from outside the state.
  • Her children too are not considered as permanent residents.
  • Why in news?
  • An NGO, We the Citizens, has challenged 35A in the Supreme Court in 2014
  • The case is coming up for a crucial hearing in the SC this week.
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