As Supreme Court adjourns crucial hearing, here's all you need to know about Article 35A

WION Web Team
Delhi, India Published: Aug 06, 2018, 11:22 AM(IST)

File photo: Supreme Court of India. Photograph:( Zee News Network )

Story highlights

The apex court will hear the matter next on August 27.

Supreme Court on Monday adjourned hearing petitions that challenged the validity of Article 35A. The Article empowers Jammu and Kashmir's state's legislature to define 'permanent residents' of the state and provide special rights to them. 

"We will only have to see whether Article 35A goes against the basic structure of the Constitution," the Supreme Court bench noted on Monday.

The apex court will hear the matter next on August 27, news agency ANI reported. 

According to reports, the J&K government on Friday moved an application before the top court to defer the hearing of the case.

The state government cited the upcoming panchayat and urban local body elections as its reason to seek the delay in the hearing.


What is Article 35A?

Article 35A was enacted on May 14, 1954, by President Rajendra Prasad. The law was included in the Constitution of Jammu and Kashmir under which the citizens living in the state were given many privileges.

According to the article, those living outside Jammu and Kashmir cannot buy property in the state or become its residents.

Not only this, outsiders cannot take the advantage of the schemes provided by the state government and can also not work for its government.

According to the law, if a Kashmiri girl gets married to someone from any other Indian state, she will be stripped off the rights she received from the state. In such a case, the children will also have no right to enjoy the advantages given by the government of Jammu and Kashmir. 

Permanent residents of Jammu and Kashmir confer special rights and privileges in public sector jobs, acquisition of property in the state, scholarships, and other public and welfare aid under the law.

Why the opposition?

The petition against the law, filed by a non-governmental organisation, We the Citizens, challenges the validity of Article 35A. 

It states that Article 35A is against the “very spirit of oneness of India” as it creates a “class within a class of Indian citizens”. 

The petitioners also state that stopping citizens of other states from finding employment or buying property in Jammu and Kashmir is a violation of fundamental rights under Articles 14, 19 and 21 of the Constitution.

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