Important Topic: Article 35A of the Constitution of India

Important Topics for Competitive Exams

Important Topic

The Jammu & Kashmir Constitution, which was adopted on November 17, 1956, defined a Permanent Resident as a person who was a state subject on May 14, 1954, or who has been a resident of the State for 10 years, and has “lawfully acquired immovable property in the state”.

  • Article 35A is a provision in the Constitution that empowers the Jammu & Kashmir legislature to define “permanent residents” of the state and provide special rights and privileges to those permanent residents.
  • Section 6 of the Jammu and Kashmir Constitution restricts the basic right of women to marry a man of their choice by not giving the heirs any right to property if the woman marries a man not holding the Permanent Resident Certificate.
  • Earlier, a 2002 order by the Jammu & Kashmir High Court in the State of Jammu and Kashmir vs. Dr. Sushila Sawhney and Others had said the daughter of a permanent resident marrying a person outside the State would not lose the status of permanent resident of Jammu & Kashmir.

Article 1 and Article 370 are the only articles of Indian Constitution which apply of their own force to the State of Jammu and Kashmir. All other articles are extended to the State by notification of the President after consultation with the Jammu & Kashmir State legislative assembly (Article 370).

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