What Is Artcle 35 A?

Mon Aug 05 2019 19:39:32 GMT+0530 (IST)

Article 35 A is a proviso inducted into the constitution of the country through a presidential order. This provides rights to the permanent residency certificate or the PRC. The PRC enables permanent residents to buy land, build houses and receive scholarships from the government. Those without permanent residence certificates are not eligible for any of these rights. In a way Article 35 A determines who is a PRC holder, while Article 370 provides special rights to the PRC holders. Unlike in other states where PRC is in force, JK assembly decides who should be given the PRC and who should not. This is leading to several irregularities.

How did Article 35 A found its way into the Indian Constitution?

Article 35 A was not passed by Parliament. There was no debate on it. It was inducted into the constitution in 1953 through a presidential order. This is more like an agreement rather than an act. This is part of the special rights conferred upon the state of Jammu and Kashmir as part of the Nehru-Sheikh Abdullah Pact of 1952.

Why controversy over 35 A

The opponents of this act argue that this has no constitutional validity as it was only a presidential order. This is in the nature of a temporary agreement and never came before the parliament for debate. This article is barring several people living in Jammu region for decades from buying land, building houses and taking up government jobs.