Article 35A was a special provision in the Constitution of India that gave special rights and privileges to the permanent residents of Jammu and Kashmir (J&K). It was added to the Constitution through a Presidential Order in 1954 under Article 370. Article 35A allowed the Jammu and Kashmir government to define who the permanent residents of the state were and what special rights they would receive.

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The provision became one of the most debated constitutional issues in India. Supporters believed that Article 35A protected the identity, culture, land, and rights of the people of Jammu and Kashmir. Critics argued that it violated the principles of equality and national unity because it treated citizens from other Indian states differently.

The debate over Article 35A became more serious after several petitions were filed in the Supreme Court challenging its constitutional validity. In August 2019, the Government of India revoked the special status of Jammu and Kashmir under Article 370, which also resulted in the removal of Article 35A.

The issue of Article 35A is important because it is connected to constitutional law, federalism, citizenship rights, regional identity, national integration, and the political history of Jammu and Kashmir.

What is Article 35A?

Article 35A was a provision that gave special rights to the permanent residents of Jammu and Kashmir.

It was added to the Indian Constitution through a Presidential Order in 1954.

The article empowered the Jammu and Kashmir legislature to define:

Who would be considered permanent residents
What special rights and privileges they would receive

These rights were not available to people from other Indian states.

How Was Article 35A Added to the Constitution?

Article 35A was introduced through the:

Constitution (Application to Jammu and Kashmir) Order, 1954

The order was issued by the President of India under Article 370.

Unlike many constitutional amendments, Article 35A was not added through the regular amendment process under Article 368.

This later became one of the major points of controversy.

Relationship Between Article 370 and Article 35A

Article 370 and Article 35A were closely connected.

Article 370

Article 370 granted special status to Jammu and Kashmir.

It allowed the state to have:

Its own Constitution
Separate laws
Special autonomy in internal matters

Article 35A

Article 35A was introduced under the powers given by Article 370.

While Article 370 gave autonomy to the state, Article 35A specifically granted special rights to permanent residents.

Special Rights Under Article 35A

Article 35A gave several privileges to permanent residents of Jammu and Kashmir.

These included rights related to:

Property ownership
Government jobs
Scholarships
Settlement rights

Right to Own Property

Only permanent residents of Jammu and Kashmir could buy or own immovable property in the state.

People from other Indian states were not allowed to purchase land or property there.

This was one of the most important features of Article 35A.

Government Employment

Certain government jobs in Jammu and Kashmir were reserved only for permanent residents.

Outsiders were not eligible for these positions.

Scholarships and Welfare Benefits

State-sponsored scholarships and welfare schemes were available mainly to permanent residents.

Permanent Settlement Rights

People from outside Jammu and Kashmir could not permanently settle in the state under the provisions of Article 35A.

Right to Property in Jammu and Kashmir

The Fundamental Right to Property had a special status in Jammu and Kashmir for a long time.

Property rights were strongly protected for permanent residents under state laws.

Definition of Permanent Residents

The Jammu and Kashmir legislature had the power to define who qualified as a permanent resident.

This definition could only be changed through a law passed with a two-thirds majority in the state assembly.

Historical Background of Article 35A

To understand Article 35A, it is important to understand the history of Jammu and Kashmir after independence.

Accession of Jammu and Kashmir to India

In 1947, India gained independence from British rule.

At that time, princely states had the choice to join India or Pakistan.

The ruler of Jammu and Kashmir was:

Maharaja Hari Singh

Initially, he wanted Jammu and Kashmir to remain independent.

However, after tribal invasions supported from Pakistan, he signed the:

Instrument of Accession

This document officially made Jammu and Kashmir a part of India.

Special Status for Jammu and Kashmir

Because of the special political situation, Jammu and Kashmir was granted a unique constitutional position.

This led to the introduction of Article 370.

The state retained significant autonomy compared to other Indian states.

Purpose Behind Article 35A

The main objective of Article 35A was to protect the interests of local residents.

Supporters believed it would help preserve:

Local culture
Demographic balance
Employment opportunities
Land ownership
Political rights

The provision was meant to prevent outsiders from dominating the region economically or socially.

Controversy Around Article 35A

Article 35A remained controversial for many years.

Critics and supporters had very different opinions about it.

Arguments Against Article 35A

Many people believed Article 35A was unconstitutional and discriminatory.

Issue of Constitutional Procedure

One major criticism was that Article 35A was added without following the constitutional amendment process under Article 368.

What is Article 368?

Article 368 gives Parliament the power to amend the Constitution.

Critics argued that such an important change should have been approved by Parliament.

They claimed that adding Article 35A through a Presidential Order was unconstitutional.

Violation of Equality

Critics argued that Article 35A violated the principle of equality.

Article 14

Article 14 guarantees equality before the law.

Opponents said Article 35A created discrimination between:

Residents of Jammu and Kashmir
Citizens from other Indian states

Restrictions on Property Rights

Citizens from other states could not buy property in Jammu and Kashmir.

Critics believed this violated their constitutional rights.

Restrictions on Employment

Non-residents were denied government jobs in Jammu and Kashmir.

Opponents argued that all Indian citizens should have equal employment opportunities anywhere in the country.

National Unity Concerns

Some people argued that Article 35A went against the spirit of national unity.

They believed it created a separate identity that weakened integration with the rest of India.

Gender Discrimination Issue

There were concerns about discrimination against women.

In some situations, women who married non-residents faced complications regarding property rights for their children.

This raised questions about gender equality.

Arguments in Support of Article 35A

Supporters strongly defended Article 35A.

They believed it was necessary to protect the unique identity of Jammu and Kashmir.

Protection of Local Identity

Supporters argued that Article 35A protected:

Culture
Language
Traditions
Demographic balance

They feared that large-scale migration from outside could change the character of the region.

Historical Agreement

Supporters said Article 35A was part of the agreement between:

Maharaja Hari Singh
Government of India

Therefore, removing it would break the promises made during accession.

Protection of Land Rights

The provision prevented outsiders from buying land.

Supporters believed this protected local residents from economic exploitation.

Similar Laws in Other States

Supporters also pointed out that some other states have restrictions on land ownership by outsiders.

For example:

Himachal Pradesh
Uttarakhand
Certain northeastern states

These protections are meant to preserve local interests.

Protection of Autonomy

Supporters argued that removing Article 35A would weaken the autonomy granted under Article 370.

They feared that the political and cultural identity of Jammu and Kashmir would be harmed.

Impact on Demography

Many people feared that removing Article 35A would allow outsiders to settle permanently in Jammu and Kashmir.

This could alter the population balance of the region.

Supreme Court Petitions

Several petitions were filed in the Supreme Court challenging Article 35A.

Petitioners argued that:

It violated Fundamental Rights
It was added unconstitutionally
It discriminated against Indian citizens

At the same time, political parties and organisations in Jammu and Kashmir strongly defended the provision.

The issue became politically sensitive and emotionally charged

Revocation of Article 370 and Article 35A

A major constitutional change happened on:

5 August 2019

The Government of India revoked the special status of Jammu and Kashmir.

Presidential Order of 2019

The President issued:

Constitution (Application to Jammu and Kashmir) Order, 2019

This order effectively revoked Article 370.

Since Article 35A existed because of Article 370, it also became ineffective.

Jammu and Kashmir Reorganisation Act, 2019

The Parliament passed the:

Jammu and Kashmir Reorganisation Act, 2019

This law divided the former state into two Union Territories:

Jammu and Kashmir

With a legislative assembly

Ladakh

Without a legislative assembly

This was a historic political and constitutional decision.

Changes After Revocation

The removal of Article 35A brought major changes.

Property Rights

People from other Indian states can now buy property in Jammu and Kashmir under certain legal conditions.

Government Jobs

The government introduced new domicile rules for government jobs.

Uniform Application of Laws

Many central laws that were previously not applicable to Jammu and Kashmir became applicable after the revocation.

Domicile Rules in Jammu and Kashmir

In 2020, the Ministry of Home Affairs introduced new domicile rules.

These rules define who can be considered a domicile of Jammu and Kashmir.

Criteria for Domicile

A person can become a domicile if:

They have lived in Jammu and Kashmir for 15 years, or
They studied there for seven years and appeared in Class 10 or 12 exams there, or
They are registered migrants

Children of certain central government employees serving in Jammu and Kashmir can also qualify.

Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order, 2020

This order amended many state laws.

Major Changes

109 laws were amended
29 laws were repealed
Domicile provisions were introduced

These changes aimed to integrate Jammu and Kashmir more closely with the Indian legal system.

Impact of Revocation of Article 35A

The revocation had both supporters and critics.

Positive Impact According to Supporters

Supporters believed the removal of Article 35A would:

Increase national integration
Promote investment
Improve development
Create employment opportunities
Reduce separatism

They argued that equal laws for all citizens would strengthen unity.

Concerns Raised by Critics

Critics expressed several concerns.

They feared:

Loss of local identity
Demographic changes
Political marginalisation
Weakening of federalism

Some also argued that the decision was taken without adequate consultation with local leaders.

Economic Impact

Supporters hoped that opening land and investment opportunities would improve the economy.

Possible benefits included:

Tourism development
Industrial investment
Infrastructure growth
Employment generation

However, the long-term economic impact is still debated.

Social Impact

The issue deeply affected emotions and politics in Jammu and Kashmir.

Some people welcomed the changes, while others opposed them strongly.

The debate continues even today.

Constitutional Debate

The revocation of Article 35A also created an important constitutional debate.

Questions were raised about:

Federalism
State autonomy
Powers of Parliament
Constitutional procedure

These issues are still discussed by legal experts and political analysts.

Importance of Federalism

India follows a federal system where powers are divided between the Centre and states.

The Jammu and Kashmir issue highlighted tensions between:

National integration
Regional autonomy

Balancing these two ideas remains a major challenge in Indian democracy.

Human Rights Concerns

After the revocation, there were concerns regarding:

Restrictions on communication
Internet shutdowns
Political detentions

Human rights organisations discussed the impact of these measures on civil liberties.

Security Concerns

The government argued that the decision was necessary for:

National security
Stability
Better governance

Jammu and Kashmir has faced militancy and cross-border terrorism for many years.

The government believed stronger integration would help improve security.

Political Reactions

Different political parties reacted differently.

Some parties strongly supported the revocation, while others opposed it.

The issue became one of the most important political developments in recent Indian history.

International Attention

The revocation of Article 35A and Article 370 also received international attention.

Several countries and organisations discussed the issue because of its political and human rights implications.

Way Forward

The future of Jammu and Kashmir depends on peace, development, democracy, and trust-building.

Need for Development

Economic growth and employment opportunities are important for the youth of the region.

Investment in:

Education
Tourism
Healthcare
Infrastructure

can improve living conditions.

Protection of Culture

Local culture and traditions should be respected and preserved.

Development should not harm the unique identity of the people.

Democratic Participation

Strong democratic institutions and public participation are necessary for long-term peace and stability.

Ensuring Security and Human Rights

Security measures should be balanced with protection of civil liberties and human rights.

Dialogue and Cooperation

Peaceful dialogue between the government and local communities is important for building trust and stability.

Conclusion

Article 35A was one of the most important and controversial constitutional provisions related to Jammu and Kashmir. It granted special rights and privileges to permanent residents and aimed to protect the region’s identity, land, and employment opportunities.

Supporters viewed it as a safeguard for local culture and autonomy, while critics considered it discriminatory and against the principle of equality. The constitutional debate around Article 35A reflected larger questions about federalism, national integration, and citizens’ rights in India.

The revocation of Article 35A in August 2019 marked a historic turning point in Indian politics and constitutional history. The decision brought major administrative, legal, political, and social changes to Jammu and Kashmir.

Even today, the discussion around Article 35A continues in political, legal, and academic circles. Understanding this issue is important for understanding India’s Constitution, democracy, and the complex history of Jammu and Kashmir.

FAQs on Article 35A

1. What was Article 35A?

Article 35A was a provision in the Indian Constitution that gave special rights and privileges to permanent residents of Jammu and Kashmir.

2. When was Article 35A added to the Constitution?

Article 35A was added in 1954 through a Presidential Order issued under Article 370.

3. What rights were given under Article 35A?

It provided special rights related to property ownership, government jobs, scholarships, and permanent settlement in Jammu and Kashmir.

4. Who could buy property in Jammu and Kashmir under Article 35A?

Only permanent residents of Jammu and Kashmir could buy or own immovable property there.

5. What was the connection between Article 370 and Article 35A?

Article 35A was introduced through the powers granted under Article 370, which gave special status to Jammu and Kashmir.

6. Why was Article 35A controversial?

Critics argued that it violated equality, restricted rights of other Indian citizens, and was added without proper constitutional amendment.

7. When was Article 35A removed?

Article 35A was effectively removed on 5 August 2019 after the revocation of Article 370.

8. What happened after the removal of Article 35A?

Jammu and Kashmir lost its special status and was reorganised into two Union Territories: Jammu and Kashmir, and Ladakh.

9. What are domicile rules in Jammu and Kashmir?

Domicile rules define who can qualify for certain jobs and rights in Jammu and Kashmir after the revocation of Article 35A.

10. Why did supporters defend Article 35A?

Supporters believed it protected the culture, identity, land, and employment opportunities of local residents.