Introduction
Article 35A of the Indian Constitution was a special provision related to the former state of Jammu and Kashmir. It empowered the state legislature to define the concept of permanent residents and provide them with special rights and privileges. The Article was introduced to protect the unique socio-cultural identity of the state.
Body
Article 35A was inserted through a Presidential Order of 1954 issued under Article 370. It authorised the Jammu and Kashmir legislature to make laws regarding permanent residency and confer exclusive rights in matters of employment under the state government, acquisition of immovable property, settlement in the state, and scholarships and welfare benefits. These rights were denied to non-permanent residents, which often raised concerns about equality before law and fundamental rights of other Indian citizens.
Critics argued that Article 35A led to discrimination, especially against women and outsiders, while supporters viewed it as a constitutional safeguard for regional autonomy.
Conclusion
In August 2019, Article 35A was rendered inoperative following the abrogation of Article 370. Its removal marked a significant step towards constitutional uniformity and full integration of Jammu and Kashmir with the Indian Union.
