What is Article 35A? Why was he rejected?

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Article 35A of the Constitution of India gave special rights to permanent residents of Jammu Kashmir. It was abolished by the Indian government in 2019.

Saumya Updated: August 29, 2023 at 7:41 PM IST

What is Article 35A?

Article 35A of the Constitution of India empowered the legislature of the state of Jammu and Kashmir to define “permanent residents” of the state and grant them special rights and benefits. It was included in the Constitution of India through a presidential order called the Constitution (Application to Jammu and Kashmir) Order, 1954. This order was passed by the then President of India under Article 370.

A permanent resident of the state is defined as “a person who was a citizen of the state on May 14, 1954, or who has been a resident of the state for 10 years and has “lawfully acquired real property in the state.””

Related | Article 370 and 35 (A) repealed: What has changed in Jammu and Kashmir?

The order laid down the rules for the sharing of powers between Jammu and Kashmir and the Government of India under Article 370, which stated how powers would be shared between Jammu and Kashmir and the Government of India. It acted as a link between the Constitution of India and the Constitution of Jammu and Kashmir.

Text of Article 35A:

“Saving the law regarding permanent residents and their rights.” — Notwithstanding anything contained in this Constitution, no law for the time being in force in the State of Jammu and Kashmir, nor any law hereafter made by the Legislature of the State shall:

(a) defining the classes of persons who are or will be permanent residents of the State of Jammu and Kashmir; or

(b) conferring on such permanent residents any special rights and privileges or imposing on other persons any restrictions in respect of—

(i) employment under the State Government;

(ii) acquisition of immovable property in the state;

(iii) settlement in the country; or

(iv) the right to scholarships and such other forms of assistance as the State Government may grant, shall be void as inconsistent with, or taken away from or abridged by, any rights conferred on other citizens of India by any provision of this Part.

Why was he rejected?

On 5 August 2019, the Indian government removed the special privileges granted to Jammu and Kashmir under Article 370. The change was made by a presidential decree and meant that the entire Indian Constitution now applied to the state.

The state of Jammu & Kashmir was also restructured into two union territories: Jammu and Kashmir and Ladakh.

Also read | What happens when a state becomes a Union Territory (UT)?

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