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Article 35A

About Article 35A

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What is Article 35A

Article 35A, which provides special rights and privileges to the citizens of Jammu & Kashmir, was incorporated in the Constitution of India in 1954 by an order of then President Rajendra Prasad, on the advice of the Jawaharlal Nehru Cabinet. It gives the J&K legislature full discretionary powers to decide who 'permanent residents' of the state are. It also gives them special rights and privileges in employment with the state government, acquisition of property in the state, settling in the state, and the right to scholarships and other forms of aid that the state government provides. It also allows the state legislature to impose any restrictions upon persons other than the permanent residents regarding the above.
 
To guarantee these special rights and privileges, the Article says that no act of the state legislature that comes under it can be challenged for violating the Constitution or any other laws.
 
Text of Article 35A
 
"Saving of laws with respect to permanent residents and their rights." — Notwithstanding anything contained in this Constitution, no existing law in force in the State of Jammu and Kashmir, and no law thereafter enacted by the Legislature of the State:
 
(a) defining the classes of persons who are, or shall be, permanent residents of the State of Jammu and Kashmir; or
 
(b) conferring on such permanent residents any special rights and privileges or imposing upon other persons any restrictions as respects —
 
(i) employment under the State Government;
 
(ii) acquisition of immovable property in the State;
 
(iii) settlement in the State; or
 
(iv) right to scholarships and such other forms of aid as the State Government may provide, shall be void on the ground that it is inconsistent with or takes away or abridges any rights conferred on the other citizens of India by any provision of this part.
 
 

Latest Updates on Article 35A

Article 35A, which was scrapped in August 2019, allowed the legislature of the erstwhile state to define "permanent residents" and provide them with special rights and privileges

Updated On: 29 Aug 2023 | 1:17 PM IST

The participation of the J&K political parties should not be seen as an endorsement of state reorganisation any more than their participation in the District Development Council elections was

Updated On: 12 Jul 2021 | 8:15 AM IST

A delegation of the PAGD led by Omar Abdullah visited Ladakh and held consultations with the people in Kargil "on the road ahead" for Jammu and Kashmir

Updated On: 30 Oct 2020 | 9:51 PM IST

Land law changes could founder on detail

Updated On: 30 Oct 2020 | 12:20 AM IST

Mehbooba Mufti, who was released from detention after 14 months, has vowed to continue her struggle for the restoration of Article 370 and the resolution of the Kashmir issue

Updated On: 14 Oct 2020 | 10:51 AM IST

Thirteen months after the PM and HM painted a glorious picture of development in the region, the situation is bleaker than earlier

Updated On: 28 Sep 2020 | 7:33 AM IST

'These ridiculous assertions have neither legal validity nor international credibility,' India said

Updated On: 05 Aug 2020 | 2:11 AM IST

"This is a humanitarian demand and I hope others will join me in placing this demand in front of the government of India," he said

Updated On: 15 Mar 2020 | 3:42 PM IST

A 24-member delegation of J&K's Apni Party led by its chief Altaf Bukhari met the Prime Minister at his residence

Updated On: 15 Mar 2020 | 10:07 AM IST

Abdullah, a former chief minister of Jammu and Kashmir has been in detention for over seven months

Updated On: 13 Mar 2020 | 1:48 PM IST

Months after the bifurcation of the state of Jammu and Kashmir the Centre has begun moving to start the delimitation of Jammu and Kashmir

Updated On: 18 Feb 2020 | 8:11 AM IST

Congress members along with those of several other opposition parties walked out of the House

Updated On: 05 Feb 2020 | 2:44 PM IST

According to a notification issued by the home department of the Jammu and Kashmir administration, access to the internet with 2G speed on mobile phones will resume from January 25.

Updated On: 25 Jan 2020 | 8:35 AM IST

As part of a massive outreach programme, 36 central ministers will visit Jammu and Kashmir starting from Saturday

Updated On: 18 Jan 2020 | 2:54 AM IST

The attempt failed as other member countries felt Kashmir is a bilateral matter between India and Pakistan

Updated On: 16 Jan 2020 | 7:17 AM IST

These ministers are set to hold 51 meetings in Jammu and eight in Kashmir

Updated On: 16 Jan 2020 | 8:50 AM IST

Orders J&K curbs review in a week; says Sec 144 can't be used as a curb on democratic rights

Updated On: 11 Jan 2020 | 2:45 AM IST

Freedom of speech and expression includes right to the internet within Article 19 of the Constitution of India, said the apex court

Updated On: 10 Jan 2020 | 10:56 AM IST

From Citizenship (Amendment) Bill to J&K Reorganisation Bill and Triple Talaq Bill, here are the most crucial Bills passed by Parliament in 2019

Updated On: 31 Dec 2019 | 8:34 PM IST

J&K government jobs are for local educated unemployed youths and should be reserved for them only, said National Conference provincial president Devender Singh Rana

Updated On: 31 Dec 2019 | 9:38 AM IST