Article 35A is the exception allowed by Article 370 in the consttution of India but indirectly links to fundamental rights and privilege offered under J&K Constitution.
When India got Independence from britishers, the British paramountcy lapsed. Many ares in India that were divided into princely states. Both Sardar Patel and Jinnah were trying to get rules these states into India and Pakistan respectively. Patel was slowly including these states into India but was facing difficulty with Hyderabad, Junagarh, and Kashmir. The state of J&K preferred to stay independent under Maharaja Hair Singh. He did not want to merge Kashmir with Pakistan either thus wanted to keep Kashmir independent. He managed to keep the region independent for two months
On 20 October, 1947, The Azad Kashmir Force supported by Pakistani army attacked the state. The maharaja sought military assistance form India but India’s governor-general contended that it would be dangerous to send troops to neutral state unless Kashmir first offered to acceded to it. Under this unusual and extraordinary political circumstance, the ruler of the states decided to join hands with the states of India. this led to the singing of the instrument of accession between India and Kashmir according to which Kashmir join India on 26 October 1947. The issue of Kashmir led to the first war between India and Pakistan.
The Nehru took the issue in United Nation. A resolution was passed on 13 August, 1948 asking booth the nation to withdraw their forces, Once they happened, a referendum was to be held allowing the people of Kashmir to decided their political future. This Agreement let to article 370.
Rules:
Article 35A basically an agreement reached between New Delhi and Srinagar in 1952, added to the constitution through a presidential order of 1954, according to which no one except the permanent resident will not able to settle permanently in the state , acquire immovable property , avail government jobs, scholarships and aid.
Article 35A of the Indian constitution is an article that empowers the Jammu and Kashmir state’s legislature to define “Permanent Residents” of the state and provide special rights and privileges to those permanent residents.
Rules:
After 70 years, Indian government (NDA) has decided to scrap Articles 370 and 35A on 5th August 2019. Below are the key decisions:
New Map of India:
People who are not state Subjects of state would be able to purchase land in J&K enabling the growth of J&K in following sphere
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