ARTICLE 35-A OF THE CONSTITUTION OF INDIA CEASES TO EXIST

Article 35-A of the Constitution of India 1950 as amended thereof (the Constitution) is an Article which empowers the State of Jammu and Kashmir to define the residents of the State and provide the special rights and privileges to those permanent residents. This Article was added through a Presidential Order. This Article was issued by the Government of India on 14 August, 1954 exercising the powers conferred by Article 370(1) of the Constitution.

Article 35-A confers certain special rights to the people of Jammu and Kashmir who have Permanent Residence Certificate (PRC). However, people who hither to did not have a PRC were compelled to do menial jobs. Now that Article 35-A has been repealed these people can apply for a PRC and live a better and more dignified life. They can also purchase property, participate in Panchayats, and general elections, study in any Government institutions.

Because of not having the PRC, the refugees and some people of Jammu and Kashmir cannot enjoy the right to have their own Property. These refugees who do not have the PRC, do not have the right to participate in Panchayats, elections and these refugees cannot study in any Government institutions.

After the Article 35A will be declared as unconstitutional, the refugees of Jammu and Kashmir can get the right to property, education in government institutions, etc.

Till now the residents of Jammu and Kashmir did not have a right to join the central services of India. In fact, the resident girls of Jammu and Kashmir did not have a right to choose a groom outside the State.

Now that Article 35-A ceases to exist, the residents of Jammu and Kashmir will be able to enjoy fundamental rights that the people of India have.

GOVIND GUPTA

ASSOCIATE

THE INDIAN LAWYER