What Article 35A says?

New Delhi, Nov 01: Historically Article 35A was added to the Indian constitution through a presidential order i.e., by Dr. Rajendra Prasad on 14th May 1954. Yes, this Article allows the Jammu & Kashmir state legislature to define the list of permanent residents of the state, who are...

(i) Eligible to vote
(ii) Work for State Government
(iii) Own land
(iv) Public employment
(v) College admissions

Whereas the non-permanent residents are denied all these rights. In simple terms, a person is said to be the resident of Jammu & Kashmir, if he is born in that particular state.

Who is the permanent resident of Jammu & Kashmir?

As it is mentioned before, the constitution of Jammu & Kashmir was made in the year 1954. And according to this, a resident can be a person, who is residing in the state, when the presidential order was passed, i.e., on May 14th, 1954 (or) a person who is residing in the state since last 10 years and who ha sacquired some properties (or) land.



Here the main argument is that a resident of Jammu & Kashmir can acquire property in any Indian state. But the people from any other state of India cannot acquire the properties in Kashmir. This is because Article 35A will not allow you to do so.

According to Article 35A, the Non-locals in Kashmir cannot get the above :
a. Government Jobs
b. Government schools & Institutions
c. Vote in Panchayats
d. Losing Property rights(Women)

A woman from outside can become the permanent resident of Kashmir by marrying a male permanent resident of that state. But the daughter, who is born in that state will lose all the property rights if she marries an outsider.

Now the heated debate in the state around Article 35A was triggered by a recent petition in the Supreme court.