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WHAT IS ARTICLE 35A


Article 35A, which provides special rights and privileges to the citizens of Jammu & Kashmir, was incorporated in the Constitution of India in 1954 by an order of then President Rajendra Prasad, on the advice of the Jawaharlal Nehru Cabinet. It gives the J&K legislature full discretionary powers to decide who 'permanent residents' of the state are. It also gives them special rights and privileges in employment with the state government, acquisition of property in the state, settling in the state, and the right to scholarships and other forms of aid that the state government provides. It also allows the state legislature to impose any restrictions upon persons other than the permanent residents regarding the above.
 
To guarantee these special rights and privileges, the Article says that no act of the state legislature that comes under it can be challenged for violating the Constitution or any other laws.
 
Text of Article 35A
 
"Saving of laws with respect to permanent residents and their rights." — Notwithstanding anything contained in this Constitution, no existing law in force in the State of Jammu and Kashmir, and no law thereafter 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, shall be void on the ground that it is inconsistent with or takes away or abridges any rights conferred on the other citizens of India by any provision of this part.
 
 

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