What is Article 35A of the Indian Constitution?

Change is never easy, especially when it relates to dissolving the special status of a state. Amidst TV arguments against scrapping Article 35A and Article 370, many were unsure of what the articles meant. This blog will discuss Jammu and Kashmir’s two most debatable Articles and the anomalies of Article 370 and 35A.

Through a Presidential order on 5th August 2019, the Union Government revoked the special status of Jammu and Kashmir under Article 370, making the full Indian Constitution applicable to the state. Residents of the Jammu and Kashmir were subject to a different set of laws, including citizenship, property ownership, and fundamental rights. Part XXI of Article 370 of the Constitution permitted Jammu & Kashmir to write its constitution. Whereas, Article 35A of the Constitution, ratified in 1954, granted citizens of the state special rights and advantages.

What is Article 370 and Its Features?

• The article was intended to provide temporary, transitional, or special provisions, but it has since become a permanent element of the Constitution of Jammu Kashmir
• This provision ensured that the state had autonomy to a certain extent, including a separate constitution, their own flag, and the ability to make laws
• The central government was still managing communications, defence operations, and foreign affairs.
• Jammu and Kashmir were given the power to decide who was eligible for permanent residency, possession of property, and fundamental rights.

What is Article 35A?

• The legislature of Jammu and Kashmir can define who is a permanent resident of the State under Article 35A.
• Jammu and Kashmir’s permanent residents were granted Indian citizenship and related advantages.
• It granted a special status to the people of Jammu and Kashmir, which was one of the anomalies of Articles 35A and 370.
• As defined in the J&K Constitution of 1956, a permanent resident is someone who was a state subject on 14th May 1954 or had been a resident of the state for ten years and had legitimately acquired immovable property.
• It granted exclusive rights to its permanent residents concerning employment, acquisition of immovable property in the state, settlement in the state, or right to scholarships and other aids as the State Government may provide.

Arguments for Scrapping Article 370 and 35A

• Scrapping off both the articles aims to bind the entire nation together under ‘One Nation, One Constitution’.
• Lack of Economic Development: Only permanent citizens of the state were allowed to sell and buy land. This prevented the region’s land prices from rising. Due to land problems, large corporations have refrained from investing in the area.
• Fight Against Terrorism: The special status was seen as a stumbling block in the fight against terrorism. Hence, its removal was quintessential for fighting this roadblock.
• Equitable Governance: Extremely less attention was being paid to the states of Jammu and Ladakh under the current governance, and hence, changes were needed to resolve the anomalies of Articles 35A and 370.

Arguments Against Scrapping Article 370 and 35A

• Misuse of President Rule: One of the arguments against scrapping Article 35A and Article 370 argued that the President’s rule is only temporary and is intended to serve as a bridge until the elected government can be restored. As a result, permanent decisions such as changing a state’s whole status seem unconstitutional.
• Repercussions in the State: The arguments against scrapping Article 370 and 35A are said to significantly impact Jammu and Kashmir demography, culture, and politics.
• Against J&K’s Constitution: The move of arguments against scrapping Articles 370 and 35A is prohibited by Article 147 of the Jammu and Kashmir Constitution. Two-thirds must approve any modifications to the Jammu and Kashmir Constitution of the members of the legislative assembly.

Conclusion

In this article, we have learnt what is Article 35A and 370 and their significance for Jammu and Kashmir. While some believe that Article 370 is the single constitutional connection that connects the state to the rest of India, others believe that Article 370 is a major hurdle that keeps the state from becoming a fully integrated part of India. Amidst such discussions regarding anomalies of Article 35A and 370, the only truth that remains is that the people of Jammu and Kashmir should be the priority of the governance. Their safety, growth, and development have always been a point of concern and, thus, must be focused on for times to come.