The Hush Post| 2:47 pm|one-minute-read|
Article 35A of the Indian Constitution is an article that gives authority to the Jammu and Kashmir state’s legislature to define “permanent residents” of the state. It also provides special rights and privileges to the permanent residents. 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.
This article along with Article 370 defined that the J&K state’s residents will live under a separate set of laws, including those related to citizenship, property ownership, and fundamental rights, as compared to the citizens elsewhere in the country. As a result of this provision, Indian citizens from other states cannot purchase land or property in Jammu & Kashmir.
Five-point which largely sums up Article 35A
- Article 35A of the Constitution, adopted in 1954, empowers Jammu and Kashmir’s legislature to decide who are the state’s residents and to confer special rights and privileges on them.
- Residents are defined as those who lived in the region when the law was approved in 1954 or those who have lived in the state for 10 consecutive years after that and own property there.
- Article 35A bans outsiders from owning property in the state so that the area’s demographics are not significantly altered; they cannot get government jobs or scholarships in state-run educational institutions. Women who marry non-residents did not have the right to own property till a court order in 2002 changed that. Those acknowledged as residents are given a certificate establishing them as permanent residents.
- Article 35A, which has been challenged in the Supreme Court, was added to the Constitution through a presidential order without parliament’s review.
- The BJP holds that the law is discriminatory; former Finance Minister Arun Jaitley has described it as “constitutionally vulnerable” while alleging it denied Kashmir “a booming economy, economic activity and jobs.”