It is nothing but an agreement that gives power to Jammu and Kashmir Legislature to decide who are the 'permanent residents' of the state and provide them special rights and privileges.
Much has been debated about Article 35 A of the Indian Constitution as Supreme Court is all set to resume hearings on the petition filed against the article.
What is Article 35 A?
It is nothing but an agreement that gives power to Jammu and Kashmir Legislature to decide who are the 'permanent residents' of the State and provide them special rights and privileges. The Article 35 A of the constitution is an agreement that allows no one except Jammu and Kashmir residents to settle permanently in the state, acquisition of property, avail government jobs, scholarships and aid.
The Non-Permanent Resident Certificate holders are barred to vote in the local elections of the state.
Who all are considered 'permanent residents' under Article 35 A?
According to the original definition by Dogra ruler of princely state of J&K, Maharaja Hari Singh, it states that the permanent residents were considered under these conditions-
1. The ones who were born or settled in the state before 1911.
2. The ones who acquired property of 10 years prior to 1911 and also their descendents
The emigrants, the ones who moved to Pakistan, and also their descendants for two generations are considered as the state subjects. However, this condition was later altered as Article 35 was ratified in the Constitution.
Know its history
After taking advice from the Jawaharlal Nehru cabinet, former president Rajendra Prasad sent an order which later led to the incorporation of Article 35 A into the Constitution in 1954.
This led to the 1952 Delhi Agreement between Nehru and the then Jammu and Kashmir Chief Minister Sheikh Abdullah which extended the Indian citizenship to state subjects of J&K. The Presidential Order was then issued under Article 370 (1) (d) of the Constitution. So Article 35A was incorporated in the Constitution as a testimony of the special consideration of the Indian government and accorded to the ‘permanent residents’ of Jammu and Kashmir.
Why is it an issue?
One Charu Wali Khanna, a resident of Jammu and Kashmir who settled outside the state, has filed a petition to Supreme Court challenging Article 35A of the Constitution and Section 6 of the Constitution which deals with the 'permanent residents' of the state.
The plea has challenged the provisions of the Constitution which deny property rights to a woman who marries a person outside the state. Her son will also lose property rights.
“Section 6 of the Jammu and Kashmir Constitution restricts the basic right of women to marry a man of their choice by not giving the heirs any right to property if the woman marries a man not holding the Permanent Resident Certificate," the petition said.
“Her children are denied a permanent resident certificate thereby considering them illegitimate — not given any right to such a woman’s property even if she is a permanent resident of Jammu and Kashmir.”
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
 "Jammu and Kashmir")
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}