7-Aug-2017: Centre’s move for debate on Article 35A stirs hornet’s nest

The Centre’s move seeking “larger debate” over Article 35A of the Constitution, which empowers the Jammu and Kashmir legislature to define “permanent residents” of the state and provide special rights and privileges to them, has triggered a political storm with several parties warning against any tinkering of the provision.

Article 35A is a provision in the Constitution that empowers Jammu and Kashmir legislature to define permanent residents of the state. It was added through the Constitution (Application to Jammu and Kashmir) Order, 1954, issued under Article 370. The Jammu and Kashmir Constitution was adopted on November 17, 1956. It had 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.

Attempts to undo Article 35A of the Indian Constitution would strike a fatal blow to the nationalists in the state. There is an ongoing case in the Supreme Court challenging the validity of the Article, which prevents non-J&K state subjects from settling and buying property in the state. However, Kashmiris are apprehensive that such a move would open the sluice gates for a demographic transformation of the Valley. The J&K government is also concerned at the reluctance of the Union government to file a counter affidavit in the Supreme Court. Against the backdrop of the escalating protests in Kashmir, this issue could potentially flare up.