Article 35

Article 35A grants special rights and privileges to citizens of Jammu and Kashmir, was incorporated into the Indian Constitution in 1954 by an order issued by then-President Rajendra Prasad on the advice of the Jawaharlal Nehru Cabinet. It gives the J&K legislature complete discretion in determining who the state’s “permanent residents” are.

What is Article 35A?

The legislature of Jammu and Kashmir can define who is a permanent resident of the State under Article 35A.
The Indian citizenship and related advantages were granted to the permanent residents of Jammu and Kashmir.
It granted a special status to the people of Jammu and Kashmir, which was one of the anomalies of Articles 35A and Article 370.
As defined in the J&K Constitution of 1956, a permanent resident is someone who was a state subject on 14th May 1954 or had been a resident of the state for ten years and had legitimately acquired immovable property.
It granted exclusive rights to its permanent residents concerning employment, acquisition of immovable property in the state, settlement in the state, or right to scholarships and other aids as the State Government may provide.

What is Article 370 and Its Features?

While initially intended to provide temporary, transitional, or special provisions, the article has transformed into a permanent aspect of the Jammu and Kashmir Constitution.
This provision ensured that the state had autonomy to a certain extent, including a separate constitution, their own flag, and the ability to make laws.
The central government was still managing communications, defence operations, and foreign affairs.
Jammu and Kashmir was granted the power to determine eligibility for permanent residency, property ownership, and fundamental rights.

Arguments for Scrapping Article 370 and 35A

Scrapping off both the articles aims to bind the entire nation together under ‘One Nation, One Constitution’.
Lack of Economic Development: Only permanent residents of the state were permitted to buy and sell land. This prevented the region’s land prices from rising. Due to land problems, large corporations have refrained from investing in the area.
Fight Against Terrorism: The perception of the special status as a stumbling block hindered the fight against terrorism. Therefore, removing it became essential to overcome this obstacle.
Equitable Governance: The current governance was giving very little attention to the states of Jammu and Ladakh, necessitating changes to address the anomalies of Articles 35A and 370.

Arguments Against Scrapping Article 370 and 35A

Misuse of President Rule: Critics opposing the abrogation of Article 35A and Article 370 argued that the temporary nature of the President’s rule intends to function as a bridge until restoring the elected government. As a result, permanent decisions such as changing a state’s whole status seem unconstitutional.
Repercussions in the State: Critics state that the abolition of Article 370 and 35A would substantially impact the demography, culture, and politics of Jammu and Kashmir.
Against J&K’s Constitution: Article 147 of the Jammu and Kashmir Constitution prohibits the movement of arguments against scrapping Articles 370 and 35A. Two-thirds must approve any modifications to the Jammu and Kashmir Constitution of the members of the legislative assembly.

What Is The Status Of Article 35A?

On August 5, 2019, the repeal of Article 35A took place.
The repeal was based on the reasons discussed earlier.
The revocation of both Article 35A and Article 370 occurred simultaneously.
This action was taken as part of enforcing the “One Nation, One Rule” policy.
As a result, the Indian Constitution is now fully applicable in the state of Jammu and Kashmir.
Article 370 was originally termed a “temporary provision.”
The judiciary did not find the revocation of Article 370 unconstitutional due to its temporary nature.