Center seeks debate in SC on J&K special status
Plea states that State’s special autonomous status under Articles 35A and 370, was discriminatory against non-residents as far as government jobs and real estate purchases were concerned.
Background of the conflict
J&K stand – Special status was sourced from the 1954 Presidential Order which gives Special rights to the State’s permanent residents.So it is beyond the scope of amendment.
Jammu and Kashmir High Court Ruled that Article 370 assumed a place of permanence in the Constitution and the feature was beyond amendment, repeal or abrogation. The court said Article 35A gave “protection” to existing laws in force in the State. High Court said J&K, while acceding to the Dominion of India, retained limited sovereignty and did not merge with it.
What is Article 370 and 35A?
Article 370 of the Indian constitution is an article that grants special autonomous status to the state of Jammu and Kashmir. The article is drafted in Part XXI of the Constitution: Temporary, Transitional and Special Provisions. The State’s Constituent Assembly was empowered to recommend the articles of the Indian constitution to be applied to the state or to abrogate the Article 370 altogether. After the state Constituent Assembly has dissolved itself without recommending abrogation, the Article 370 was deemed to have become a permanent feature of the Indian Constitution.
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. It is 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, “in exercise of the powers conferred by” clause (1) of Article 370 of the Constitution.
Article 370(1) It also observed that the President under Article 370 (1) was conferred with power to extend any provision of the Constitution to the State with such “exceptions and modifications” as may be deemed fit subject to consultation or concurrence with the State government.