What is article 35A and why is everyone in India talking about it now : 03-08-2019

A massive troop deployment and a missive issued by the government asking Amarnath yatris to curtail their trip have triggered uneasy murmurs in Kashmir. 

While the state governor has downplayed the development, the political leadership in the Valley fears the Centre may be trying to revoke a contentious law, Article 35A. 

The advisory issued and the following deployment has caused panic with tourists rushing to head back home. Locals have complained about long queues at petrol pumps and grocery stores. 

Former Chief Ministers of Jammu & Kashmir, Omar Abdullah and Mehbooba Mufti have expressed fear that these developments may have a connection to Article 35A. 

What “on going situation” in Kashmir would require the army AND the Air Force to be put on alert? This isn’t about… https://t.co/HWJN6VIaIr— Omar Abdullah (@OmarAbdullah) 1564720135000 

So what is this legislation that is making the Valley tense? A primer. 

Article 35A allows the Jammu and Kashmir legislature to define permanent residents of the state. It was inserted through the Constitution (Application to Jammu and Kashmir) Order, 1954, which was issued by  President Rajendra Prasad under Article 370, on the the advice of the Nehru-led Union Government.) 

When the J&K Constitution was adopted in 1956, it defined a permanent resident as someone who was a state subject on May 14, 1954, or who has been a resident of the state for 10 years, and has lawfully acquired immovable property. 

So under this clause no outsider can own property in J&K or get a state job. 

Inserted by a presidential order, lacks parliamentary sanction. 

over permanent resident status for children of women marrying outsiders. 

Private sector investment suffers because of permanent resident status 


“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 hereafter 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 & Kashmir; or 

B) Conferring on such permanent residents any special rights and privileges or imposing upon other persons any restrictions as respects 

1) Employment under the State Government 

2) Acquisition of immovable property in the State 

3) Settlement in the State; or 

4) 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.” 

Source : PTI

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