THE DEBATE AROUND ARTICLE 35A OF THE INDIAN CONSTITUTION – WILL IT ERODE THE AUTONOMY OF JAMMU & KASHMIR?
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Abstract
Article 35A1 was inserted in the Constitution of India through the Presidential Order of 19542 , issued by then President Rajendra Prasad (exercising his powers under A.3703 of the Indian Constitution) with the concurrence of the Government of J&K. The article provides that any legislation that defines ‘Permanent Residents of Jammu & Kashmir’ or confers any rights on these persons shall not be void on the ground that it is inconsistent with Part III (Fundamental Rights) of the Constitution of India. These rights are related to employment under the State Government, settlement and acquisition of immovable property in the Sate and right to scholarship or any other form of Government aid in the education sector. The recent discussion on A.35A is related to the hearing of a petition filed by ‘We the citizens’, a Delhi-based NGO. The petition, questioning A.35A of the Constitution of India picked up the threads of debate on the validity of special provisions related to the State of Jammu & Kashmir (hereinafter referred to as ‘the State’ or ‘J&K’). In addition, a petition filed by Adv. Ashwini Upadhyay also relates to the said Article.
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