Article 35A of the Constitution of India

rdf:langString Article 35A of the Constitution of India

rdf:langString Domicile for purposes of appointment to any service in Union territory of Jammu and Kashmir. :―3A. Any person who fulfils the following conditions shall be deemed to be a domicile of the Union territory of Jammu and Kashmir for the purposes of appointment to any post carrying a pay scale of not more than Level-4 under the Union territory of Jammu and Kashmir or under a local or other authority within the Union territory of Jammu and Kashmir:- : who has resided for a period of fifteen years in the Union territory of Jammu and Kashmir or has studied for a period of seven years and appeared in Class 10th /12th examination in an educational institution located in the Union territory of Jammu and Kashmir; or [...]

rdf:langString Article 35A of the Indian Constitution was an article thatempowered the Jammu and Kashmir state's legislature to define "permanent residents" of the state and provide special rights and privileges to them. It was added to the Constitution through a Presidential Order, i.e., The Constitution (Application to Jammu and Kashmir) Order, 1954 – issued by the President of India under Article 370. The state of Jammu and Kashmir defined these privileges to include the ability to purchase land and immovable property, ability to vote and contest elections, seeking government employment and availing other state benefits such as higher education and health care. Non-permanent residents of the state, even if Indian citizens, were not entitled to these 'privileges'. The provisions facilitated by the Article 35A and the state's permanent resident laws have been criticised over the years for their discriminatory nature, including the hardships imposed on immigrant workers, refugees from West Pakistan, and the State's own female residents, who could lose their permanent resident status by marrying out of state. On 5 August 2019, the President of India Ram Nath Kovind issued a new Presidential Order, whereby all the provisions of the Indian Constitution were made to apply to the State without any special provisions. This implied that the State's separate Constitution stood inoperative, including the privileges allowed by the Article 35A.