Centre not to file counter-affidavit on Article 35A
The Centre has decided not to file any “counter-affidavit” on Article 35A, which has been challenged in the Supreme Court through a PIL petition.
Article 35A allows the J&K legislature to decide the “permanent residents” of the State, prohibits a non-State resident from buying property in the State and ensures reservation in employment for residents.
It grants a special status to Jammu and Kashmir.
Did you Know
Article 35A was incorporated into the Constitution by an order of the then President Rajendra Prasad on the advice of the Jawaharlal Nehru Cabinet in 1954.
The controversial Constitution (Application to Jammu and Kashmir) Order of 1954 followed the 1952 Delhi Agreement entered into between Nehru and the then Prime Minister of Jammu and Kashmir Sheikh Abdullah, which extended Indian citizenship to the ‘State subjects’ of Jammu and Kashmir. The Presidential Order was issued under Article 370 (1) (d) of the Constitution.
This provision allows the President to make certain “exceptions and modifications” to the Constitution for the benefit of ‘State subjects’ of Jammu and Kashmir.