Article 35 (A) with regard to Kashmir
THE HANS INDIA |
Aug 13,2017 , 06:21 AM IST
Life across the Kashmir Valley and parts of the Jammu region was on Saturday adversely affected due to a shutdown called to protect Article 35A that gives special rights to Jammu and Kashmir. The shutdown is being observed to highlight the grave concern expressed in the valley against the abrogation of Article 35A that came into being through a presidential order in 1954 and gives powers to the state legislature to define permanent residents of Jammu and Kashmir and their privileges.
The article has been challenged in the Supreme Court through a petition being heard by a three-judge constitutional bench.
Article 35A of the Indian Constitution is an article that empowers the Jammu and Kashmir state's legislature to define “permanent residents” of the state and provide special rights and privileges to those permanent residents.
It is 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, "in exercise of the powers conferred by" clause (1) of Article 370 of the Constitution, with the concurrence of the Government of the State of Jammu and Kashmir.
Prior The President of India issued The Constitution (Application to Jammu and Kashmir) Order, 1954, through which Indian citizenship was extended to the residents of the state, and simultaneously the Article 35A was inserted into the Indian constitution enabling the State legislature to define the privileges of the permanent residents, according to Wikipedia.
The article says that: "Saving of laws with respect to permanent residents and their rights. — Notwithstanding anything contained in this Constitution, no existing law in force in the State of Jammu and Kashmir, and no law hereafter enacted by the Legislature of the State shall be void on the ground that it is inconsistent with or takes away or abridges any rights conferred on the other citizens of India by any provision of this part.
The article empowers the J&K legislature to define permanent residents of the state. It allows J&K state to confer special previleges and rights on permanent residents but deny the same to others. It debars non-residents from buying land or property, getting a government job, or voting in Assembly elections.