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SC To Hear Today Plea Challenging Constitutional Validity Of Article 35A

SC To Hear Today Plea Challenging Constitutional Validity Of Article 35A”

Let it be known to all that, Article 35A is a special provision regarding Jammu and Kashmir in the Constitution that define permanent residents of the state.

On Sunday, in a joint statement separatist leaders urged the people of Kashmir to launch a "mass agitation" if the Supreme Court cleared repeal of Article 35A.

What is Article 35 A? Only the Jammu-Kashmir assembly can change the definition of PR through a law ratified by a two-thirds majority.

While Jammu and Kashmir's Non-Permanent Resident Certificate holders can vote in Lok Sabha elections, the same individual is barred to vote in local elections in the state. The RSS and the ruling BJP are opposed to Article 35A because it bars non-state subjects from settling and buy property in J&K. Also, those who acquired land 10 years prior to 1911 were also considered as permanent citizens of the state. However, this condition was later altered as Article 35 was ratified in the Constitution.

It was added to the Constitution by a Presidential Order in 1954.

Chief Minister Mehbooba Mufti has said that if it is tinkered with, then it will have a direct impact on demography of the state. The article which grants special status to the state of Jammu and Kashmir has been a matter of great debate in the past with many demanding its abolishment on the grounds that it violates the basic character of Indian Constitution which grants equality to all the citizens of the country irrespective of their caste, creed, and religion.

Why is it an issue?

Article 35A of the Indian Constitution is an article that empowers the Jammu and Kashmir state's legislature to define "permanent residents" of the state and provide special rights and privileges to those permanent residents, while article 370 gives special status to the state of J&K in the Indian Union.

The provision, which makes such women from the state lose rights over property, also applies to her son.

"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", the plea said.



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