What is Article 35-A and when was it introduced?
Article 35-A is a constitutional provision that allows the Jammu-Kashmir assembly to define permanent residents of the state. According to the Jammu-Kashmir constitution, a Permanent Resident is defined as a person who was a state subject on May 14, 1954, or who has been residing in the state for a period of 10 years, and has “lawfully acquired immovable property in the state”.
It was brought in by a presidential order in 1954 in order to safeguard the rights and guarantee the unique identity of the people of Jammu-Kashmir. Only the Jammu-Kashmir assembly can change the definition of PR through a law ratified by a two-thirds majority.
Article 35-A empowers the J&K Constitution to define “permanent residents” of the state, and was added through “Constitution (Application to Jammu and Kashmir) Order, 1954”, issued by the President under Article 370. It replicates a state subject law promulgated by Dogra king Maharaja Hari Singh in 1927, following a strong campaign by Kashmiri Pandits who were opposed to the hiring of civil servants from Punjab.
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Both the Centre and the Jammu and Kashmir administration sought the adjournment on the ground that preparations for local body polls were underway. The Centre also said the interlocutor has been appointed and the talks are going on.
The government suspended the Amarnath Yatra and pilgrims weren’t allowed to move from Jammu to Srinagar. The pilgrims at the twin base camps of Pahalgam and Baltal were, however, allowed to move towards the cave shrine.
The total strike extended beyond Srinagar to North Kashmir’s Baramulla, Sopore, Handwara, Kupwara, Pattan and Bandipore towns, and places in South and Central Kashmir. Almost all business establishments remained closed and public and private transport stayed off the roads. No shikaras plied on Srinagar’s Dal lake. While government offices were already closed due to it being Sunday, business establishments and private offices also downed shutters.
Kashmir on Sunday observed an unprecedented shutdown against any tampering with the legislation that guarantees special constitutional rights to the people of Jammu and Kashmir. The shutdown call was given by separatists to protest against petitions seeking scrapping of Article 35-A. They have also called for a complete shutdown on Monday, the day of the hearing. A top religious body of Kargil, Jamiat Ulami Asna Asharia, also backed the shutdown call, asking people in the Ladakh district to observe it in support of Article 35-A. Read More
Welcome to our LIVE blog. The Supreme Court will take up the petitions challenging the constitutional validity of Article 35-A today. Follow LIVE updates.