Article 35A: Its Existence and Controversies
Keywords:
Article 35A, Rights, Jammu and Kashmir, Controversies, ProvisionsAbstract
Article 35A of our Indian Constitution is one of the most debatable articles. It always remains surrounded by controversies. Article 35A gives the special rights to the Jammu and Kashmir’s permanent residents while denying certain rights to people from outside the state. Thus, this issue becomes the main matter of concern for many. So, in order to understand its intricacies a detailed evaluation of Article 35A becomes important. Hence, this research paper would primarily focus on the provisions of Article 35A and its related controversies.
References
1. Article 370(1)(d) in The Constitution of India 1949 (d) such of the other provisions of this Constitution shall apply in relation to that State subject to such exceptions and modifications as the President may by order specify: Provided that no such order which relates to the matters specified in the Instrument of Accession of the State referred to in paragraph (i) of sub clause (b) shall be issued except in consultation with the Government of the State: Provided further that no such order which relates to matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of that Government
2. See, Jagota, Development of Constitutional Relations between Jammu and Kashmir and India: 1950-1960, 2 JILI, 519 (1960); AS An and, The Constitution of Jammu & Kashmir, (3rd Edn, 1998).
3. AIR1987SC1169
4. AIR 190 SC 21, 24: (1969) 1 SCC 17
5. (2014) 8 SCC 682
6. AIR 1981 SC 873, 891: (1981) 2 SCC 600
7. AIR 1981 SC 873
8. AIR 1961 SC 1519 Cite this Article Ashish Srivastava. Article 35A: Its Existence and Controversies. Journal of Constitutional Law and Jurisprudence . 2019; 2(1): 1-7p.
