Article 35-A

Context:

Recently, the Supreme Court observed that Article 35-A of the Constitution has deprived people not residing in Jammu and Kashmir of some key constitutional rights.

About Article 35-A:

• It  was introduced through the Constitution (Application to Jammu and Kashmir) Order, 1954 issued by the President under Article 370.
• Permanent Residents: It empowered the Jammu and Kashmir Legislature to define “permanent residents” of the State.
  • It provided permanent residents with the exclusive right to purchase land, seek State government employment and other benefits in education and health care. 
  • The others, called ‘non-permanent residents’, were not privy to these privileges.
• Violation of Fundamental Rights: It denied people at least three fundamental rights:
  • Article 16(1): Equality of opportunity for employment under the State.
  • Article 19(1)(e): Right to reside and settle in any part of India.
  • Article 19(1)(f): Right to acquire immovable property, which is now provided under Article 300A.
• Abrogation: Article 35A, was nullified along with the abrogation of Article 370 in August 2019.

‘Permanent residents’ as per Article 35-A:

• ‘Permanent residents’ included people who were hereditary State subjects as in 1927, when J&K was a princely state prior to its accession to the Indian Dominion in 1947. 

News Source: The Hindu

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