Article 35A of the Indian Constitution is an article that empowers the Jammu and Kashmir state’s legislature to define “permanent residents” of the state and provide special rights and privileges to those permanent residents. Article 370 of the Indian constitution grants an autonomous status to Jammu and Kashmir. It means that Jammu & Kashmir are fully antonymous except in Currency, foreign affairs, and deference.
When India got independence from Britishers, the British paramountcy lapsed. The state of J&K preferred to stay independent under Maharaja Hari Singh.
On 20 October, 1947, the Azad Kashmir Force supported by Pakistani army attacked the state. Under this unusual and extraordinary political circumstances, the ruler of the state decided to join hands with the state of India.
As a result of this “Instrument of Accession of J&K to India was signed” between Indian PM (Nehru) and Hari Singh. The state surrendered only three things (defence, external affairs and communications) to the dominion of India.
At that time, the Government of India promised that the people of the state, through their own constituent assembly would determine the internal constitution of this state and the nature of extent of jurisdiction of the Union of India over the state.
In pursuance of this commitment, Article 370 was incorporated in the Constitution of India.
Note:It clearly states that the provisions with respect to J&K is temporary and not permanent.
As a result of this following came into effect:
1.The article dealing with the administration for the states is not applicable to J&K.
2.The power of Parliament to make rules for the state is limited(only Union and Concurrent list are applicable that too when declared by the president in consultation with the state government).
Article 35A of the Indian constitution is an article that empowers the Jammu and Kashmir state’s legislature to define “permanent residents” of the state and provide special rights and privileges to those permanent residents.
Under this, a citizen of India is treated as a ‘permanent resident’ of the state:
1.If on 14 May 1954 he was a state subject or having lawfully acquired immovable property in the state and have been the resident for 10 years prior to that date
2.Or any person who before 14 May, 1954 was a state subject and who having migrated to Pakistan after 1 March 1947, returns to the state for resettlement.
3. In any other conditions, a person will not be considered as the permanent resident of J&K and hence will not have the privileges as stated in the J&K Constitution.