What Is Article 35-A Of Indian Constitution?

By Shujaat Abbasi

Article 35-A of the Indian Constitution empowers the Jammu & Kashmir legislature to define the state's 'permanent residents' and their special rights and privileges. It was added to the Constitution through a presidential order of 1954. In other words, 35-A simply says that Jammu & Kashmir legislature has full discretionary power to decide who all are 'permanent residents' of state and confer on them special rights in the public sector jobs, acquisition of property in the state, scholarships and other public aid and welfare. The main thing about Article 35-A is that it cannot be declared invalid even if it is violating any Indian law. Article 35-A of the Indian Constitution was drafted under the light of Instrument of the Accession Agreement. That was why the government of India was not allowed to intervene in the land and property affairs of Jammu & Kashmir state.

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