Article 35-A

Article 35-A

Question-Consider Following alternatives regarding article-35A
(a)This article empowers permanent residents’ status for the citizens of Jammu and Kashmir.
(b)This article applies to all 5th schedule states.
(c)It does not contain the employment clause in public sector jobs.
(d)None of the above.
Answer- (a)
Related Facts-

  • Article 35-A entitles Jammu and Kashmir’s state legislature to define permanent resident status to citizens of state and also accredits those permanent citizen of the state with special privileges and rights.
  • In accordance with article 370 this act was added through presidential order. I.e. the Constitution (Application to Jammu and Kashmir) Order, 1954 with the approval of state government of Jammu and Kashmir.
  • This act confers privileges and special rights on citizen of state which is Public sector jobs, acquisition of property in state, scholarship and other public aid and welfare.
  • The provision of act mandates that none of the state legislature’s decision coming under the ambit of the act can be challenged for violation of constitution or any other law of the land.

Why Relevant-

  • On 6 august 2018, three-judge constitutional bench heard a legal challenge for constitutional validity of article 35-a which prohibits non-residents of Jammu and Kashmir to acquire land in state, hearing was adjourned by bench till last week of august.

Link 
https://economictimes.indiatimes.com/news/politics-and-nation/article-35-a-what-it-means-for-jammu-and-kashmir/articleshow/65287620.cms
https://www.thehindu.com/news/national/crucial-hearing-in-supreme-court-on-monday-on-article-35a/article24607987.ece

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