Jammu and Kashmir and Article 35A

Subject: Polity

Context:

August 5 has marked the first anniversary of the abrogation of the special status of Jammu and Kashmir and conversion of the erstwhile state into two Union Territories

Article 35A

• Article 35A allows the Jammu and Kashmir legislature to define permanent residents of the state. It was inserted through the Constitution (Application to Jammu and Kashmir) Order, 1954, which was issued by President  under Article 370
• Special rights and privileges given to permanent residents
  1) Employment under the State Government
  2) Acquisition of immovable property in the State
  3) Settlement in the State; or
  4) Right to scholarships and such other forms of aid as the State Government

Concept:

• After abrogation of special status, the Indian Constitution and all the 890 Central laws are fully applicable to J&K.
• This has meant the application of 170 more Central laws to J&K, including progressive laws such as the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1954, the Whistle Blowers Protection Act, 2014, the National Commission for Safai Karamcharis Act, 1993
• Direct supervision of the Central Vigilance Commission with regard to anti-corruption cases and the setting up of the 18th Bench of the Central Administrative Tribunal (CAT) for the UTs of J&K and Ladakh has occurred.