Supreme court of India on Monday amended its order on Article 35(A), it will now hear the matter after 3 months Earlier the court extended hearing on Article 35 (A) for eight weeks.After hearing all sides the apex court has asked more time to think on the matter.
Challenging the Jammu Kashmir’s citizenship act the first petition was filed by “We the Citizen” an NGO based in Delhi. It was filed in 2014 and it states that as Kashmir is an integral part of India according to an annexation treaty signed by the Dogra ruler Hari Singh in 1947, so the petition demands the scrapping of article 35(A).
Other than “We the Citizen” three other petitions also demands the removal of Article 35(A). While the J&K government filed a counter-affidavit and sought dismissal of the petition, the Central government did not do so, despite pleas from the state government, especially its ally PDP.
A bench including chief justice Dipak Misra, Justice AM Khanwilkar and DY Chandrachud will hear the petition to decide the future of Kashmir’s autonomy.
What is Article 35(A)
In the constitution of India, Article 35A empowers the state of Jammu Kashmir to define the Permanent Residents for the state. The article was enacted in the constitution under through a Presidential Order.
The Constitution (Application to Jammu and Kashmir) Order, 1954 – issued on 14 May 1954, “in the exercise of the powers conferred by” clause (1) of Article 370 of the Constitution, with the concurrence of the Government of the State of Jammu and Kashmir.
It was added to the ‘Constitution (Application to Jammu and Kashmir) Order, 1954’, issued under Article 370. The J&K 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”.
The J&K Legislature can alter the definition of PR only through a law passed by a two-thirds majority.
As per the article 35(A) if a Kashmiri woman marries a person who is not from Kashmir than she will have to give up her residentship and her property rights.