Article 35A

29 Aug 2023 2 mins Download PDF

Article 35A

1. It empowers the Jammu and Kashmir Legislature to define “permanent residents” of the State and provide them special privileges and rights.
2.  It was added to the Constitution through a presidential order, i.e., The Constitution (Application to Jammu and Kashmir) Order, 1954 under Article 370.
3. The privileges included:
   1. ability to purchase land and immovable property
   2. ability to vote and contest elections
   3. seeking government employment
   4. availing oneself of other state benefits such as higher education and healthcare.
4. Non-permanent residents of the state, including Indian citizens were not entitled to these 'privileges'.
5. This provision was criticized for its discriminatory nature which included hardships imposed on
   1. immigrant workers
   2. refugees from West Pakistan
   3. the State's own female residents could lose their permanent resident status by marrying out of state.
6. The Article 35A was made inoperative by a Presidential order,2019 which made all the provisions of the Indian Constitution applicable to the State without any special provisions.