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Understand Article 35A in 5 Easy Points; What is the difference between Article 35A & Article 370? Why Indians are talking about it?

Tooba Maher
Tooba Maher
Article 35A

What is Article 35A? 

  1. The permanent residents of Jammu and Kashmir's enjoy special rights under article 35A.

  2. Under it, only the permanent residents have the right to own immovable property, settle permanently, or avail state-sponsored scholarship schemes.

  3. It restricts companies from hiring non-resident persons in the state and denies property rights to a woman who marries a person from outside the state.

  4. This article was incorporated into the Constitution in 1954 by the orders of the then president Rajendra Prasad on the advice of the Jawaharlal Nehru Cabinet.

  5. Article 35A ensures special rights to Kashmir’s permanent residents.

What is the difference between Article 35A & Article 370? 

  • Article 370 (1) (d) of the Constitution was issued under Presidential Order. Hence, the President can make certain 'exceptions and modifications' to the Constitution for the benefit of 'State subjects' of Jammu and Kashmir.

  • Article 370 of the Constitution grants special status to Jammu and Kashmir. But, Article 35A ensures special rights to Kashmir’s permanent residents.

What is Article 370? 

  1. As per the Indian Constitution, Article 370 provides temporary provisions to Jammu and Kashmir granting it special autonomy.

  2. The article says that the provisions of Article 238, which was omitted from the Constitution in 1956 when Indian states were reorganised, shall not apply to the state of Jammu and Kashmir.

  3. Article 370 is drafted in Amendment of the Constitution section, in Part XXI, under Temporary and Transitional Provisions.

  4. Also, under Article 370 the Indian Parliament cannot increase or reduce the borders of the state.

What is the objection to Article 35A? 

Inserted by a presidential order, it lacks parliamentary sanction.  

Few question marks:  

  1. There are few questions raised over permanent resident status for children of women marrying outsiders. 

  2. Private sector investment suffers because of permanent resident status 

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