The supreme court of India has recently taken up the issue of "Article 35A" to decide, "Whether or not to refer
the issue to the Constitution Bench", few NGOs has filed petitions to challenge the validity of both Article 35A and
The Supreme Court will decide the issue of unconstitutionality of "Article 35A", as the article was added to the
constitution on a presidential order without consulting the parliament.
What is Article 35A
Article 35A of Indian Constitution deals with granting of special status to Jammu and Kashmir, the article was added
to the constitution in 1954 through a Presidential Order issued under Article 370 (1)(d).
The Parliament was not consulted when Article 35A was incorporated into the Constitution, despite the fact that
Article 368(i) of the Constitution mandates that only the Parliament can amend the Constitution.
Article 35A empowers the J&K State Legislature to decide upon "permanent residents" of the state and grant
such residents special rights and privileges with respect to State public sector jobs, acquisition of property within the
State, scholarships and other public aid and welfare programmes.
Moreover the provisions also mandates that, any act of the J&K's State legislature coming under the ambit of Article 35A,
can not be challenged for violating the Indian Constitution or any other law of the land.
Is Article 35A unconstitutional ?
People who challenges the validity of both Article 35A and Article 370, argues that Constituent Assembly was
consisting of 4 members from J&K state, still they never accorded any special status in the Constitution.
Article 370 was added at that time as a "temporary provision" to strengthen democracy and help bring normalcy
in that State, Article 370 was not intended to be used as a tool to bring permanent amendments like Article 35A, hence
Article 35A is unconstitutional.
Moreover the article was added as a constitutional amendment on presidential order without consulting the parliament,
despite the fact that Article 368 (i) of the Constitution mandates that only the Parliament can amend the Constitution.
However Article 370 (1)(d) empowers the president to to make certain "exceptions and modifications" to the
Constitution for the benefit of "State subjects" of Jammu and Kashmir.
Article 35 A, violates fundamental rights provided under Articles 14, 19 and 21 of the constitution by provides
special status to a class of Indian citizens and restricts citizens from other states from getting employment or buying
property within J&K.