Article 35A is an important provision merged in the Indian Constitution that gives the Jammu and Kashmir Government a right to decide on ‘permanent residents’ of J&K and discuss their special privileges and rights in the acquisition of property and public sector jobs in the J&K state, public welfare, and aid and scholarships. This provision necessitates that no act of the parliament that is considered under it will be defied for the violation of the law or constitution.
Article 35A got included in the Indian Constitution in the year 1954. This order was presented by President Rajendra Prasad on receiving the instructions from the Nehru Cabinet. This debated constitution order followed the “1952 Delhi Agreement” that entered between J&K Prime Minister of that time, Sheikh Abdullah, and Nehru. It expanded Indian citizenship to the J&K ‘State subject’.
This presidential order got issued under “Article 370 (1d)” of the Indian constitution. It allowed the Indian President to perform specific “modifications and exceptions” to the Indian constitution for the advantage of ‘State subjects’ of J&K. So, Article 35A got added to the Indian constitution in the form of a testament of the distinct consideration that the Indian government provided to the ‘permanent Jammu and Kashmir resident’.
Article 35 A provided the Jammu and Kashmir administration complete power to decide on the “permanent residents” of this state. It granted these residents privileges with respect to employment in the J&K state, gaining settlement and immovable property, the right to allowances and scholarships, and various other types of aid and subsidies that are offered by the state government. This article provides the J&K state government full power to levy restrictions on people who aren’t “permanent residents” of Jammu and Kashmir. People who are not “permanent residents” of J&K don’t have the right to purchase property there.
Two of the Delhi-based organizations “We the Citizens”, and “Jammu-Kashmir Study Centre” moved the “Supreme Court” for scrapping this article. They even challenged the legitimacy of Article 370 that joins the Union of India to Jammu and Kashmir state. Under this provision, the legislature of J&K required the sanction of the J&K government for the application of laws in the state excluding defense, communication, and foreign affairs.
The prayers disputed Article 370 that was a “temporary provision”. Article 35A limits people from other states from obtaining employment or purchasing a property in J&K. A summon petition that was filed by an NGO “We the Citizens” trials the rationality of Article 35A as well as Article 370. This article argued 4 major representatives from Jammu and Kashmir that were an integral segment of the Constituent Assembly.
The petition regarded “Article 35 A” to be against the “spirit of unity of India”. This article forms a “class inside a class of citizens of India”. It restricts citizens from all other states from availing employment or indulge in buying or selling of property within J&K. It is a complete violation of basic rights stated under Article 21,19 and 14 of the Indian Constitution.
Another petition was filed by J&K native Charu Wali Khanna. She challenged this article “35A” for safeguarding specific provisions of the J&K, that restricts the fundamental right to possessions if a woman of the state marries a man who doesn’t hold a permanent certificate of residence. As per article 35 A, the children of that woman will be denied to obtain a permanent certificate of the resident. In other words, article 35 A considers them illegitimate.
Article 35A as prescribed in the Indian Constitution empowers the legislature of the J&K state to define “state’s permanent residents” and offer special privileges and rights to permanent residents. This article got added to the Indian constitution via the presidential order. This article is presented by the Indian President on 14 May 1954. It exercises the powers discussed by clause 1 of “Article 370” of the constitution of India, along with the agreement of the state of the J&K constitution. The article “35A” mentions describe the saving of laws and rights for permanent residents. It defines:
- defines the categories of people, and permanent J&K residents or
- discuss on permanent residents about special privileges and rights or imposing any restrictions such as
- employment under the J&K State Government
- acquisition of immobile property in the Jammu and Kashmir
- settlement in the J&K State
- right to grants, scholarships, and aids that can be provided by the J&K State Government,
- shall be negated on the areas that vary with or shorten any rights deliberated on the other J&K citizens.