- Article 35A allows the Jammu and Kashmir legislature to define permanent residents of the state.
- It was inserted through the Constitution (Application to Jammu and Kashmir) Order, 1954, which was issued by President under Article 370.
- Article 35A confers upon the government of Jammu and Kashmir the power to define permanent residents and give them special rights and privileges regarding
- acquiring immovable property,
- Settlement in the state,
- Scholarships and other forms of aid in the state.
Petition Against Article35A:-
- 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”.
- It is restricting citizens from other States from getting employment or buying property within Jammu and Kashmir.
- 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.