J&K – The issues around the state

Centre not to file counter-affidavit on Article 35A

Note4students

Mains Paper 2: Polity | Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions & basic structure

From UPSC perspective, the following things are important:

Prelims level: Article 35A, Public Interest Litigation (PIL) petition

Mains level: Special status to J&K and associated issues


News

Status quo on Article 35A

  1. The Centre has decided not to file any “counter-affidavit” on Article 35A, which has been challenged in the Supreme Court through a Public Interest Litigation (PIL) petition
  2. According to it, this case is a matter of interpretation of the law and the Supreme Court should decide on it

About Article 35A

  1. Article 35A allows the Jammu and Kashmir 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
  2. It grants a special status to Jammu and Kashmir

Background of Article 35A

  1. This particular provision was included in the Constitution by a Presidential Order
  2. It was incorporated into the Constitution by an order of the then President Rajendra Prasad on the advice of the Jawaharlal Nehru Cabinet in 1954
  3. The Constitution (Application to Jammu and Kashmir) Order followed the 1952 Delhi Agreement 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
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