What is article 35A and why is everyone in India talking about it now

The geography of Jammu and Kashmir as you knew it yesterday has been changed.

Home Minister Amit Shah, in the Rajya Sabha today announced the central government's decision to repeal Article 370 and Article 35A of the Indian Constitution. The government also announced the reorganisation of the state which will now have 2 union territories - Jammu & Kashmir and Ladakh.

So what is this legislation that is making the Valley tense? A primer.


WHAT IS 35A?
Article 35A allows the Jammu and Kashmir legislature to define permanent residents of the state. It was inserted through the Constitution (Application to Jammu and Kashmir) Order, 1954, which was issued by President Rajendra Prasad under Article 370, on the the advice of the Nehru-led Union Government.)

When the J&K Constitution was adopted in 1956, it defined a permanent resident as someone who was a state subject on May 14, 1954, or who has been a resident of the state for 10 years, and has lawfully acquired immovable property.

So under this clause no outsider can own property in J&K or get a state job.


QUESTION MARK
over permanent resident status for children of women marrying outsiders.

Private sector investment suffers because of permanent resident status

TEXT OF ARTICLE 35A
AFTER ARTICLE 35, THE FOLLOWING NEW ARTICLE SHALL BE ADDED, NAMELY:—

“35A. Saving of laws with respect to permanent residents and their rights, —

Notwithstanding anything contained in this Constitution, no existing law in force in the State of Jammu and Kashmir, and no law hereafter enacted by the Legislature of the State,—

A) Defining the classes of persons who are, or shall be, permanent residents of the State of Jammu & Kashmir; or

B) Conferring on such permanent residents any special rights and privileges or imposing upon other persons any restrictions as respects

1) Employment under the State Government

2) Acquisition of immovable property in the State

3) Settlement in the State; or

4) Right to scholarships and such other forms of aid as the State Government may provide, shall be void on the ground that it is inconsistent with or takes away or abridges any rights conferred on the other citizens of India by any provision of this Part.”