Understanding Article 35 A: What All it covers?
Issued by the President of India on May 14, 1954, Article 35A of Indian Constitution empowers the Jammu and Kashmir state’s legislature to define ‘Permanent Residents’ of the state, which means no one except the permanent residents will be able to settle permanently in the state. Other facilities like acquiring immovable property, availing government jobs, scholarships, and jobs.
Who are the Permanent Residents?
As defined by the Maharaja of Kashmir, the original and first person to define, permanent residents are the people who were born or are settled in the state since the year 1911. Also, the people who have lawfully acquired the immovable property for not less than 10 years.
Emigrants from the state who settled in Pakistan are also considered as a state subject. The definition was further modified as Article 35A was ratified in the constitution.
Challenges it had to face
In the year 2014, an NGO approached the Supreme Court challenging the Article 35A on the ground that it was illegally added to the constitution as it was never floated in the parliament.
In July 2017, an advocate of the Supreme Court also challenged the Article 35A on the ground that it is discriminating towards the women.
There was an argument regarding the injustice done to women. The discussion was about the women who married the permanent residents of the state will be the owner as she’ll also become the permanent resident but on the other hand, a woman who is the permanent resident after marrying an outsider will lose the status of state subject.
The result of this discussion was, the women who married outsiders didn’t lose their status but their children were not given the succession rights.