Article 35A of Constitution: Know about the law on permanent residents in Jammu and Kashmir

Article 35A of Constitution: Former Jammu and Kashmir Chief Minister and National Conference leader Omar Abdullah has raised objections over the central government’s stand on Article 35A, according to Indian Express report. Abdullah likened the state’s accession to the Indian Union and its special status with two sides of the same coin. He underlined if there is debate on the legality of the Article, there has to be a debate on the accession itself. Last month, the Centre in the Supreme Court had pitched for a larger debate, the report says.

On July 28, Chief Minister Mehbooba Mufti had wraned against tinkering with Article 35A saying if this happens, there would be no one in Kashmir. “Who is doing it? Why are they doing it? (challenging the Article 35A). Let me tell you that my party and other parties who carry the national flag there (in Jammu and Kashmir) despite all risks… I have no doubt in saying that there will be no one to hold it (national flag) (if it is tinkered),” she was quoted as saying by PTI. Mufti further said, “Let me be very clear. By doing all this (challenging Article 35A), you are not targeting the separatists. Their (separatists) agenda is different and it is totally secessionist.” “But, you are weakening those powers which are Indian and trust India and participate in elections and who fight to live a life honourably in Jammu and Kashmir. This is one of the problem,” she said.

Here is all you want to know about Article 35A

1. Article 35A is a provision in the Constitution that empowers the Jammu and Kashmir legislature to define permanent residents of the state. It was added through the Constitution(Application to Jammu and Kashmir) Order, 1954, issued under Article 370, according to IE report.

2. The Jammu and Kashmir Constitution was adopted on November 17, 1956. It had defined a Permanent Resident as a person 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 in the state, the article.

3. In 2014, an NGO had filed a writ petition seeking the striking down of Article 35A. The case is pending in the Supreme Court.

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4. The state government filed a counter-affidavit and sought dismissal of the petition but the central government did not.

5. The Presidential Order of 1954 had provided the framework for the division of powers between Jammu and Kashmir and the Centre under Article 370. If, in the Article 35A case, the Supreme Court strikes down the 1954 Order, it would have serious implications for all subsequent Presidential Orders, according to IE report.