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Article 35A
Why is it in news?
- The Supreme Court said it will be taking an “in-chamber” decision on the listing of petitions challenging the constitutional validity of Article 35-A
- It provides special rights and privileges to permanent residents of Jammu and Kashmir.
Violates Statute
- In August last year, the court indicated that it would consider the question of whether Article 35A was violative of the Basic Structure of the Constitution.
- The special status was bestowed on Jammu and Kashmir by incorporating Article 35A in the Constitution.
- Article 35A was incorporated by an order of President Rajendra Prasad in 1954 on the advice of the Nehru Cabinet.
- Parliament was not consulted when the President incorporated Article 35A into the Constitution through a Presidential Order issued under Article 370.
- Article 368 (i) of the Constitution mandates that only the Parliament can amend the Constitution by introducing a new article.
- Article 35A gives the J&K Legislature a carte blanche to decide the ‘permanent residents’ of the State and grant them special rights and privileges in State public sector jobs, acquisition of property in the State, scholarships and other public aid and welfare programmes.
- The provision mandates that no act of the State legislature coming under the ambit of Article 35A can be challenged for violating the Indian Constitution or any other law of the land.
- The three-judge Bench will decide whether or not to refer the issue to the Constitution Bench.
Source
The Hindu