New Delhi: Article 35A of the Constitution that was added through a presidential order of 1954 allows the J&K legislature to define the state’s ‘permanent residents’ along with their special rights and privileges. The law prohibits non-permanent residents from a permanent settlement in J&K, acquiring immovable property, government jobs, scholarships, and aid.
The Supreme Court listed hearing of pleas challenging the constitutional validity of the Article 35A (relating to the special rights and privileges enjoyed by Jammu and Kashmir) for this week from February 26-28.
The petitions question the validity of Article 35 A, often considered critical for peace, law and order in Jammu and Kashmir.
The Article is also said to be discriminatory against J&K women as it rules out their state subject rights if they married non-permanent residents according to few critics.
Former Jammu and Kashmir Chief Minister has warned the government of India before taking any decision on the controversial Article 35 A.