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Article 35A

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Article 35A

  1. Article 35A allows the Jammu and Kashmir legislature to define permanent residents of the state.
  2. It was inserted through the Constitution (Application to Jammu and Kashmir) Order, 1954, which was issued by President under Article 370.
  3. Article 35A confers upon the government of Jammu and Kashmir the power to define permanent residents and give them special rights and privileges regarding
  4. employment,
  5. acquiring immovable property,
  6. Settlement in the state,
  7. Scholarships and other forms of aid in the state.

Petition Against Article35A:-

  1. It said Article 35 A is against the “very spirit of oneness of India” as it creates a “class within a class of Indian citizens”.
  2. It is restricting citizens from other States from getting employment or buying property within Jammu and Kashmir.
  3. Also it is a violation of fundamental rights under Articles 14, 19 and 21 of the Constitution.

Action on it:-

The court observes that the President may modify an existing provision in the Constitution under Article 370; the judgment is silent as to whether the President can, without the Parliament’s knowledge, introduce a new Article.

The court has indicated that the validity of Articles 35A and 370 may ultimately be decided by a five-judge Constitution Bench.

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