Daily Current Affairs : 29-August-2023
In recent news, the Chief Justice of India has brought Article 35A into the spotlight. This constitutional provision, incorporated in 1954, grants special rights and privileges to the citizens of Jammu & Kashmir. However, it has also been a topic of controversy due to concerns that it may infringe upon the fundamental rights of others. This essay explores the history, implications, and current debate surrounding Article 35A.
Understanding Article 35A
Article 35A was added to the Constitution of India in 1954 through a presidential order on the advice of Prime Minister Jawaharlal Nehru’s Cabinet. This article empowers the Jammu & Kashmir Legislature with significant discretionary powers, primarily related to defining “permanent residents” of the state. Here are the key aspects of Article 35A:
1. Defining ‘Permanent Residents’
- Article 35A grants the Jammu & Kashmir Legislature the authority to determine who qualifies as “permanent residents” of the state. This classification is crucial as it forms the basis for the allocation of special privileges.
2. Special Rights and Privileges
- Permanent residents of Jammu & Kashmir enjoy a range of special rights and privileges, including preferential treatment in employment opportunities with the state government. This means they have an advantage in securing government jobs within the state.
- They also have unique privileges when it comes to acquiring property in the state. This is significant because it limits property ownership for those who are not considered permanent residents.
- Settling in Jammu & Kashmir is another area where permanent residents have distinct advantages. They have the freedom to establish their homes and lives in the state without encountering the same restrictions faced by non-permanent residents.
- Education is a critical aspect covered by Article 35A. Permanent residents have access to scholarships and various forms of assistance provided by the state government, ensuring their educational opportunities are subsidized.
3. Imposing Restrictions
- To protect the special rights and privileges of permanent residents, Article 35A allows the state legislature to impose restrictions on individuals who do not hold this status concerning employment, property acquisition, and settlement within the state.
4. Legal Immunity
- The article includes a provision that shields any act of the Jammu & Kashmir Legislature under its purview from being challenged for violating the Indian Constitution or any other laws. This legal immunity is intended to safeguard the integrity of the special privileges granted.
The Debate
While Article 35A was introduced to protect the distinct identity and culture of Jammu & Kashmir, it has also raised concerns about its compatibility with fundamental rights guaranteed by the Indian Constitution. The debate revolves around the following points:
1. Equal Treatment
- Critics argue that Article 35A creates a disparity by granting preferential treatment to permanent residents, potentially infringing upon the principle of equal treatment under the law.
2. Limiting Opportunities
- Some believe that the special privileges granted by Article 35A limit the opportunities available to non-permanent residents, leading to social and economic inequality.
3. Legal Challenges
- The provision’s legal immunity has been questioned, as it prevents judicial review of acts passed by the state legislature. Critics argue that this can result in potential abuse of power.
Important Points:
Understanding Article 35A:
- Added to the Constitution in 1954 through a presidential order.
- Empowers Jammu & Kashmir Legislature to define “permanent residents.”
- Grants special rights and privileges, including preferential treatment in:
- Employment with the state government.
- Property acquisition within the state.
- Settlement in Jammu & Kashmir.
- Access to scholarships and state-provided aid.
- Allows the state legislature to impose restrictions on non-permanent residents.
- Provides legal immunity to acts of the state legislature under Article 35A.
The Debate:
- Critics argue Article 35A may violate the principle of equal treatment under the law.
- Concerns about limiting opportunities and fostering social and economic inequality.
- Questions raised regarding the provision’s legal immunity and the potential for abuse of power.
Why In News
The Chief Justice of India emphatically stated that Article 35A, which conferred exclusive authority upon the Jammu and Kashmir Legislature to determine the status of “permanent residents” and grant them distinct privileges, was infringing upon the fundamental rights of non-permanent residents, thereby perpetuating inequality within the region. He emphasized the need for a more inclusive approach to safeguard the rights and aspirations of all citizens.
MCQs about Article 35A
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What is the primary purpose of Article 35A in the Indian Constitution?
A. To grant special rights and privileges to all Indian citizens.
B. To define the permanent residents of Jammu & Kashmir.
C. To limit property acquisition in Jammu & Kashmir.
D. To provide legal immunity to all state legislatures.
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Which of the following special privileges is NOT granted to permanent residents of Jammu & Kashmir under Article 35A?
A. Preferential treatment in employment with the state government.
B. Unique rights in acquiring property within the state.
C. Freedom to settle in Jammu & Kashmir without restrictions.
D. Access to scholarships and state-provided aid.
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What is the main concern raised by critics regarding Article 35A?
A. It promotes equal treatment under the law.
B. It may lead to social and economic inequality.
C. It grants special privileges to all Indian citizens.
D. It lacks legal immunity for state legislatures.
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