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What is Article 35A ?



what actually Article 35A is?
                                                               
Article 35A 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. The provision mandates that no act of the legislature coming under it can be challenged for violating the Constitution or any other law of the land.

How came into existence?

Article 35A was incorporated into the Constitution in 1954 by an order of the then President Rajendra Prasad on the advice of the Jawaharlal Nehru Cabinet. The controversial Constitution (Application to Jammu and Kashmir) Order of 1954 followed the 1952 Delhi Agreement entered into between Nehru and the then Prime Minister of Jammu and Kashmir Sheikh Abdullah, which extended Indian citizenship to the ‘State subjects’ of Jammu and Kashmir.

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 35A was added to the Constitution as a testimony of the special consideration the Indian government accorded to the ‘permanent residents’ of Jammu and Kashmir.

once in 2017 The government said there was no proposal as of now for the abolition of articles 35A and 370 which give special status to Jammu and Kashmir.

The reply came in response to the question posed by Akali Dal MP Sukhdev Singh Dhindsa about the status of abolishing Article 35A and Article 370. ............

"We are wary of serious assault launched against the people of Kashmir by the powers in New Delhi by challenging Article 35A in Indian Supreme Court. The attempt to change the demography of J&K and insidiously destroy its disputed nature has always been on agenda of BJP/RSS.


    ' I am against abrogation of Article 370 and Article 35A.'
      
            " SAVE Article 35A AND Article 370"

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