Article 35A and Jammu & Kashmir

TNPSC Current Affairs - August 2017 by TNPSC Guru.

Article 35A of Indian Constitution empowers the state legislature of Jammu and Kashmir to define permanent residents of the state and provide special rights and privileges to them. It came into being through presidential order in 1954 by then president Dr. Rajendra Prasad.

About Article 35 A  

• This Article which gives special rights and privileges to the permanent residents and debars non-residents from buying land, government jobs, voting in election.
• It also discriminatory against the women which disqualified them from their rights (lose their property) if they marry outside the J&K, also children of those women will not have succession rights. But men will not lose if they marry non-permanent resident.
• However, in 2002 Supreme Court in its judgement said that women will not lose their rights if they marry non-permanent resident.

Issue: 

• Recently NGO has challenged the Article 35A , as it violates the fundamental rights of citizen of India including buying property, right to reside and settle in any part of country.
• There was a fear in Jammu and Kashmir , if there is any tinkering in Article 35A it will lead to further erosion in J&K Autonomous.