Unanswered Issues Relating To Legality Of Article 35 A
Article 35A of the Constitution of India, unknown to the public domain till recent times, has dragged up an intense debate in the country. The trigger raised recently, by a Kashmiri woman called Charu Wali Khan, settled outside the state, challenged the legality of Article 35A of the Indian Constitution that allows J&K to define its “permanent residents”. She claimed in her petition to the Supreme Court that such a law takes her succession rights away and disenfranchises her. Article 35A accords special power to Jammu and Kashmir Assembly for framing laws to give privileges and rights to the residents of the state. It entitles the Assembly to define Permanent Residents of Jammu and Kashmir. The Constitution (Application to Jammu and Kashmir) Order, 1954 came into force on 14th May 1954. Sections 2(3) and 2(4) of the Order of 1954 made Part II of the Constitution of India dealing with Citizenship and Part III of the Constitution of India dealing with
Fundamental Rights applicable to the State of Jammu and Kashmir. However, the State legislature would have power to make special provisions for the permanent residents of the State and for that purpose Section 2(4) (j) of the Order of 1954 inserted Article 35A in the Constitution of India 1950. Discriminatory and special rights as regards employment, acquisition of property and settlement have been conferred on permanent residents of the State by inserting new Article 35A in the Constitution. Article 35A reads as follows:
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