Article 35A constitution of India defines permanent residents of the state of J&K and denies following rights to non-residents:
- Right to get Government job
- Right to buy immovable property
- Right to vote in the assembly election of J&K
- Right to receive government scholarships for education
Text of the Article:“Saving of laws with respect to permanent residents and their rights.” — Not withstanding anything contained in this Constitution, no existing law in force in the State of Jammu and Kashmir, and no law hereafter enacted by the Legislature of the State: (a) defining the classes of persons who are, or shall be, permanent residents of the State of Jammu and Kashmir; or (b) conferring on such permanent residents any special rights and privileges or imposing upon other persons any restrictions as respects—
- (i) employment under the State Government;
- (ii) acquisition of immovable property in the State;
- (iii) settlement in the State; or
- (iv) right to scholarships and such other forms of aid as the State Government may provide,
- J&K joined India through instrument of accession signed by its ruler Hari Singh in October 1947.
- Popular leader Sheikh Abdullah took over reins from Dogra ruler. In 1949, he negotiated J&K’s political relationship with New Delhi, which led to the inclusion of Article 370 in the Constitution.
- Article 370 guarantees special status to J&K,restricting Union’s legislative powers over three areas: defence, foreign affairs and communications.
- Under the 1952 Delhi Agreement between Abdullah and Nehru, several provisions of the Constitution were extended to J&K via presidential order in 1954. Article 35A was added then.
- Constitution of Jammu & Kashmir came into effect on 1957.
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