Abolishing Article 35(A) will dilute autonomy granted under Article 370 for Jammu and Kashmir, breach UN Resolution
Article
35 A is a provision incorporated in the Constitution giving the Jammu and
Kashmir legislature a carte blanche to decide who all are “permanent residents”
of the state and confer on them special rights and privileges in public sector
jobs, acquisition of property in the state, scholarships and other public aid
and welfare. Article 35 A was incorporated into the Constitution in 1954 by an
order of President Rajendra Prasad on the advice of Jawaharlal Nehru cabinet.
The presidential order was issued under Article 370(1)(d) of the Constitution.
This provision allows the president to make certain “exceptions and
modifications” to the Constitution for the benefit of “State Subjects” of Jammu
and Kashmir.
So
Article 35 A was added to the Constitution as a testimony of the Special
consideration the Indian government accorded to the “permanent resident” of
Jammu and Kashmir.
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