Article 35a of the Indian Constitution

Our Indian Constitution has been made in such a way that it takes care of each and every section of India. There are some special provisions for depressed communities, hilly areas, calamity prone areas and for some unique powers are given to some states to deal with their matters efficiently. One such power was provided to the state of Jammu and Kashmir through Article 35a of the Indian Constitution. After the independence, India was divided into India and Pakistan. The king of Jammu and Kashmir, Maharaja Hari Singh was not in favor of integrating the state in any of the two countries. 

Keynotes on Article 35A of the Indian Constitution

After the declaration of Independence of India, princely states were given the choice to become the part of either India or Pakistan or become independent. Like all princely states, Jammu and Kashmir also had the choice to decide about its future. The king of Jammu and Kashmir, Maharaja Hari Singh wanted the state to be an independent nation. On 20th October 1947, some militants supported by Pakistan, attacked Jammu and Kashmir. Maharaja Hari Singh asked for help from India. India signed the ‘instrument of Accession’ on 26th October 1947 and got the power to protect the state. Indian forces vanquished the militants and protected the state. To give effect to ‘Instrument of Accession’, Article 35a of the Indian Constitution was incorporated. 

Article 35a of the Indian Constitution has some special provisions regarding the people of the state of Jammu and Kashmir. Article 35a of the Indian Constitution was inserted by an order of the president known as ‘The Constitution (Application to Jammu and Kashmir) Order’ of 1954.  This order was enacted as a part of Article 370. 

Article 35a of the Indian Constitution-

This speaks about the provisions for the people who can reside in the state of Jammu and Kashmir permanently. The Article 35a of the Indian Constitution ensures that facilities and rights belong only to the people who are defined as the permanent residents by the Constitution of Jammu and Kashmir. The Constitution of Jammu and Kashmir which was prepared and enforced on 17th November in 1956, narrated the concept of permanent residence in Jammu and Kashmir as residence of 10 or more years on the cutoff date of 14th May 1954.

Article 35a of the Indian Constitution authorizes that only the permanent resident of Jammu and Kashmir as per the Constitution of Jammu and Kashmir, will be eligible for state government jobs in Jammu and Kashmir. No other person can purchase land or house or any kind of immovable property within the state except the permanent resident of Jammu and Kashmir. It means that if you are the resident of any state of India other than Jammu and Kashmir, you cannot have any permanent immovable property in the state. After the abrogation of Article 35a of the Indian Constitution, now anyone can purchase immovable property in the state.

Article 35a of the Indian Constitution also disqualifies the students who do not have the permanent residence in the state, from the scholarships provided by the state. Basically, Article 35a of the Indian Constitution protects the rights of the native people of Jammu and Kashmir so that the people from any other state do not gain advantage over the privileges enjoyed by the people who are permanent residents of the state. 

Also, the Constitution of the Jammu and Kashmir prohibits any person who is not the permanent resident of the state from becoming the member of state legislature of Jammu and Kashmir.

Conclusion

Article 35a of the Indian Constitution facilitates some special provisions for the people who are the residents of Jammu and Kashmir permanently. This Article was abrogated with Article 370 of the Indian Constitution on 5th August 2019 by an order of the president of India. Article 370 was temporary and had the provision of removal by the president of India when the state assembly of Jammu and Kashmir suggested doing so. In the absence of a state assembly, all the power comes under the president; this provision was used to abrogate the Article 370 and 35a of the Indian Constitution as the assembly of the state was not in session at that time.