What is Article 35A- The Constitution Of India

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By admin April 20, 2019 16:05

The Article 35A – the Constitution of India empowers of the Jammu and Kashmir state legislature to define ‘Permanent Residents’ of the state and also provides some special rights and privileges to those permanent residents. It includes the following:
[i]    public sector jobs,
[ii]   acquisition of property in the State,
[iii] scholarships and other public aid and welfare.

Background:

  • The article was added to the Constitution by a Presidential order in 1954 by the then President Rajendra Prasad on the advice of the Jawaharlal Nehru Cabinet.
  • The Presidential Order was issued under Article 370 (1) (d) of the Constitution. In fact, this provision allows the President to make certain “exceptions and modifications” to the Constitution for the benefit of ‘State subjects’ of Jammu and Kashmir.
  • Moreover, the provision mandates that no act of the legislature coming under it can be challenged for violating the Constitution or any other law of the land.
  • The controversial Constitution (Application to Jammu and Kashmir) Order of 1954 extended Indian citizenship to the ‘State subjects’ of Jammu and Kashmir.

A writ petition filed by NGO We the Citizens challenges the validity of Article 35A

Also read: Article 35 of Constitution of India

  • The petitioner’s Arguments
  • The petition says Article 35A was illegally added to the Constitution of India as the Article was never proposed before the Parliament.
  • Moreover, the petition said Article 35 A is against the “very spirit of oneness of India” as it creates a “class within a class of Indian citizens”.
  • Restricting citizens from other States from getting employment or buying property within Jammu and Kashmir is a violation of fundamental rights under Articles 14, 19 and 21 of the Constitution.
  • Moreover, the second petition which is filed by the Jammu and Kashmir native has challenged Article 35A for protecting certain provisions of the Jammu and Kashmir Constitution, which restrict the basic right of property that if a native woman marries a man who is not holding a permanent resident certificate. And, her children are denied a permanent resident certificate, thereby considering them illegitimate.

Issues Involved:

  • It violates the right of women.
  • It raises the issue of violating article. 14 – the right to equality.
  • Industrial sector and the private sector suffers due to property ownership restrictions.
  • The article was not added by Parliamentary procedure under Art.368.
  • Political parties in J&K are opposed to tinkering with it.

Conclusion:

  • Broad-based consensus should be evolved taking into consideration all the stakeholders involved in the region. Else, it will fuel violence activities in the state.

Also read: Know About Article 356-The President Rule

Systems of Government Article 280

admin
By admin April 20, 2019 16:05