One important but frequently misinterpreted clause in Article 35A of Indian constitution. It was essential in establishing the parameters of the state of Jammu and Kashmir’s relationship with the Indian Union. This article aims to provide readers with a clear and concise understanding of Article 35A, as well as its background, applications, and related controversies.
What is Article 35A of Indian constitution?
The J&K Legislature is granted total authority to determine who is a “permanent resident” of the State by Article 35A. Those hereditary State subjects in 1927, when J&K was a princely state before joining the Indian Dominion in 1947, were considered “permanent residents.”
They are granted special rights and privileges under Article 35A in
- Public sector jobs,
- Acquisition of property in the State,
- Scholarships and
- Other public aid and welfare.
In 1954, a Presidential Order included it in the Indian Constitution, as a result of the 1952 Delhi Agreement [between the then-prime minister of J&K Sheikh Abdullah and the central government]. The Delhi Agreement granted “State subjects” of Jammu and Kashmir Indian citizenship. The Presidential Order was issued by Article 370 (1) (d) of the Constitution, which allows the President to make “exceptions and modifications” to the Constitution for the benefit of J&K’s “State subjects”. To attest to the special treatment that the Indian government gave to the “permanent residents” of J&K, Article 35A was added to the Constitution.
Legal issues of Article 35A of Indian constitution
- Opponents of Article 35A pointed out that the amendment procedures outlined in Article 368 did not add it to the Indian Constitution. Through an executive order issued by the Indian President, it was incorporated into the Indian Constitution, which stipulated that such procedures could only be implemented by the legislative branch. Thus, Article 35A contravened the legal guidelines outlined in the Constitution.
- Any modifications or changes must go through parliamentary procedures by Article 368. The legality of Article 35A has always been contested because the motion to add it was brought directly to the President of India rather than before the parliament.
- The way that people are classified as permanent residents or not under Article 35A violates Article 14 of the Constitution, which guarantees everyone’s right to equality before the law. All Indian citizens, regardless of whether they are long-term or short-term residents of Jammu and Kashmir, are entitled to the same rights and benefits as other citizens.
Current Status of Article 35A
The Union Government revoked Jammu and Kashmir’s special status under Article 370 on August 5, 2019, through a Presidential Order. As a result, the state was covered by the entirety of the Indian Constitution. Consequently, Article 35A—which originated from Article 370—is no longer applicable. Article 35A grants special rights and privileges to Jammu and Kashmir’s permanent residents. The Indian Parliament also passed legislation splitting the state of Jammu and Kashmir into the union territories of Jammu Kashmir and Ladakh.
Conclusion
The definition of the unique rights of Jammu and Kashmir’s permanent residents was greatly aid by Article 35A of Indian constitution. The difficulties involve in amending the Constitution are brought to light by its introduction and the debates that followed. But in 2019, Article 370 was revoked, making Article 35A obsolete and changing the legal environment in the area.
FAQ’s
Q. What does the Indian Constitution’s Article 35A mean?
Ans. The article authorises the Jammu and Kashmir State Legislature to define “permanent residents” of the state and grant them exclusive rights
Q. How did the enforcement of Article 35A occur?
Ans. In 1954, President Rajendra Prasad ordered the addition of Article 35A to the Constitution based on the Jawaharlal Nehru Cabinet’s recommendation. To attest to the special treatment that the Indian government provide to Jammu and Kashmir’s “permanent residents,” it was incorporated into the Constitution.
