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Basics of Legislation: Dr. Ram Manohar Lohiya National Law University Lucknow

Article 35A of the Indian Constitution empowers the Jammu and Kashmir legislature to define permanent residents of the state and provide them special rights and privileges. This includes reserving jobs, property ownership, and scholarships for permanent residents. However, the provision is being challenged in court for being unconstitutionally added via a presidential order rather than approved by Parliament. Abolishing Article 35A could give separatists an opportunity to incite violence in the Kashmir valley and revoke many rights currently extended to Jammu and Kashmir through other constitutional provisions. There is a need for broader debate on this complex socioeconomic and political issue.

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Abhijat Singh
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75 views3 pages

Basics of Legislation: Dr. Ram Manohar Lohiya National Law University Lucknow

Article 35A of the Indian Constitution empowers the Jammu and Kashmir legislature to define permanent residents of the state and provide them special rights and privileges. This includes reserving jobs, property ownership, and scholarships for permanent residents. However, the provision is being challenged in court for being unconstitutionally added via a presidential order rather than approved by Parliament. Abolishing Article 35A could give separatists an opportunity to incite violence in the Kashmir valley and revoke many rights currently extended to Jammu and Kashmir through other constitutional provisions. There is a need for broader debate on this complex socioeconomic and political issue.

Uploaded by

Abhijat Singh
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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DR.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY LUCKNOW

2018-19

BASICS OF LEGISLATION
(SYNOPSIS)

TOPIC -:

SIGNIFICANCE OF ARTICLE 35A

SUBMITTED BY- SUBMITTED TO-:

Abhibha Singh Dr. Shashank Shekhar

1ST SEMESTER Assistant professor

180101005 RML-NLU, LUCKNOW


Tentative Chapterisation

 Acknowledgement

 What is Article 35A?


Article 35A of the constitution was added to the Indian Constitution
in 1954 by means of a Presidential Order and it empowers the J&K
legislature to define the state’s “permanent residents” and their
special rights and privileges in public sector jobs, acquisition of
property in the state, scholarships and other public aid and welfare.

 What is its significance for the people?


A person who is not the permanent resident of J&K is not allowed to
buy or own properties in the state or vote in state Assembly
elections or contest election to the state Assembly. An outsider
cannot get a job in the J&K govt.
A person can be defined as a permanent resident of J&K if the
person was a state subject on May 14, 1954, or who has been a
resident of state for 10 years and has “lawfully acquired any
immovable in the state”.

 Why is Article 35A challenged at court?


As per the petitioners, the provision was unconstitutionally added
to the constitution. The Indian constitution does not allow the
President to add, change or amend the existing provisions. It could
only be done by the legislature after such stands are approved
within the Parliament by the elected leaders of the country. In case
of Article 35A, the provision was added without getting a nod from
the Parliament.

 Consequences of Article 35A is abolished


It could give separatists a chance to stroke violence in the valley.
The extension of the fundamental Rights and every other provision
to J&K through Presidential Orders will cease to apply.
Only Article 1 and Article 370 of the Indian constitution will then
apply to J&K.

 Conclusion
There is a need to have a larger debate on Article 35A because it is
not only a constitutional or legal issue but, a large socioeconomic
and political issue as well.

 Bibliography

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