August 6, 2018

Know, What is Article 35A and why the controversy



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. It was added to the Constitution through a Presidential Order, i.e., The Constitution (Application to Jammu and Kashmir) Order, 1954 - issued by the President of India on 14 May 1954 in accordance with the Article 370 of the Indian Constitution, and with the concurrence of the Government of the State of Jammu and Kashmir. The Article is located in Appendix-1 of Indian Constitution within the text of Presidential Order,1954.
Prior to 1947, Jammu and Kashmir was a princely state under the British Paramountcy. The people of the princely states were "state subjects", not British colonial subjects. In the case of Jammu and Kashmir, the political movements in the state in the early 20th century led to the emergence of "hereditary state subject" as a political identity for the State's people, and the legal provisions for the recognition of the status were enacted by the Maharaja of Jammu and Kashmir between 1912 and 1932. The 1927 Hereditary State Subject Order, passed by the Maharaja due to the pressure of the Pandit community which had launched a "Kashmir for the Kashmiri" movement, granted to the state subjects the right to government office and the right to land use and ownership, which were not available to non-state subjects.

Also Read: उम्र को धोखा दे रही इन 7 बॉलीवुड एक्ट्रेस की खूबसूरती, आज भी ब्यूटी पार्लर में मिल जाएगी इनकी फोटो

Following the accession of Jammu and Kashmir to the Indian Union on 26 October 1947, The Maharaja ceded control over defence, external affairs and communications (the 'ceded subjects') to the Government of India . The Article 370 of the Constitution of India and the concomitant Constitutional Order of 1950 formalised this relationship. Discussions for furthering the relationship between the State and the Union continued, culminating in the 1952 Delhi Agreement, whereby the governments of the State and the Union agreed that Indian citizenship would be extended to all the residents of the state but the state would be empowered to legislate over the rights and privileges of the state subjects, who would now be called permanent residents

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