Relevance And The Legality Of Article 35A Of The Constitution Of India

Relevance And The Legality Of Article 35A Of The Constitution Of India

- Vipin Agarwal

The history of the Kashmir Valley, the beautiful state Jammu and Kashmir is full of struggle, riots, separation, partition, dominance and governance. This is still continuing with the ongoing hot debate over Article 35A of the Indian Constitution which came into force vide (Application to Jammu & Kashmir) Order 1954 passed by the then president of India. This was driven by his inherent powers under Article 370 of the Indian Constitution. The Article empowers J&K legislature to define the status of its residents as permanent and to confer upon them special rights with regards to immovable property, employment, scholarships, public aid and welfare. Article 35A speaks the following:

“35-A. 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 J & K and no law hereafter enacted, by the Legislature of the State:

(a) defining the classes of a persons who are, or shall be, permanent residents of the State of Jammu & Kashmir; or

(b) conferring on such permanent residents any special rights and privileges or imposing upon other persons any restriction as respects;

(i) employment under the State Government;

(ii) acquisition of immovable property in the State;

(iii) Settlement in the State; or

(iv) right to Scholarships and such other forms of aid as the State Government may provide, shall be void on the ground that it is inconsistent with or takes away or abridges any rights conferred on the other citizen of India by any provisions of this part.”