Supreme Court is hearing petitions challenging the decision to scrap J&K's special status
The ongoing hearing in the Supreme Court on petitions challenging the centre's 2019 decision to strip Jammu and Kashmir of its special status has brought Article 35A of the Constitution back into the spotlight.
What was Article 35A?
Article 35A empowered Jammu and Kashmir's legislature to decide who the erstwhile state's permanent residents were and to extend special rights and privileges to them. This was added to the Constitution in 1954 by a presidential order issued under Article 370.
Who were J&K's Permanent Residents?
Permanent residents were defined as those who lived in Jammu and Kashmir when the law was approved in 1954 or those who lived there for 10 consecutive years after that and own property there. Permanent Residents received a certificate s proof.
What Article 35A Changed?
This Article barred outsiders from owning property in Jammu and Kashmir. It also made them ineligible for government jobs or scholarships in state-run educational institution. Under the Article, women who married non-residents did not have the right to own property -- this changed after a 2002 court order.
What Changed In 2019?
When the centre revoked Jammu and Kashmir's special status and bifurcated it into two Union Territories in 2019, a new Presidential order was issued that applied all provisions of the Constitution to Jammu and Kashmir residents. In effect, this meant that the privileges enjoyed by Permanent Residents under Article 35A became inoperative.
Chief Justice's Big Remark
Article 35A, now defunct, resurfaced during the Supreme Court hearing on Article 370. Chief Justice of India DY Chandrachud said in a strong remark yesterday that this provision had deprived people not residing in Jammu and Kashmir of some key constitutional rights. Equality of opportunity, employment in the state government and right to buy land -- "all this article snatches away from citizens... Because the residents (of Jammu and Kashmir) had special rights, the non-residents were excluded," he said.