What do you know about section 35(A)?

Recently we all have heard about cancellation of ART.370 & 35(A) in Jammu and Kashmir. It was revoked by president ramnath kovind and the bill was passed in both the houses which is quite interesting. Some parties were against the bill, but maximum members supported it. 

     So, now many of us don't know that why was ART.370 & 35(A) made and what is it?.
*Want to read more*
Then follow this link
https://mynewthoughtandthinking.blogspot.com/2019/09/what-is-article-370-and-how-it-came.html?m=1

Continued....

Now let's start with provisions of 35(A) to understand this provision let's go back to the year 1846, when "TREATY OF AMRITSAR" was signed between Maharaja gulab Singh and British. In which Jammu and Kashmir was given to Maharaja gulab Singh, so Jammu and Kashmir became princely state.  Are you thinking What is benefits of princely state right!!.

      Maharaja gulab Singh

                The people living in princely state are called state subjects, where as people living in British areas were called British colonial subjects. 

                 To represent state subjects of Jammu and Kashmir some legal provisions we're made in between 1912-1932,
Like:-
* 1927 Hereditary state subject order,
This gives
• Right to government office
• Right to use land
• Right to own land and etc.
       Which were not  available to other non state subjects (people in British areas). 

Did you know Jammu and Kashmir has it's own flag and a separate constitution which was adopted in 17th November 1956. After adopting ART.370 Indian citizenship started extending on Jammu and Kashmir citizens. But the leader and the Constitution of Jammu and Kashmir wanted to give a special treatment to the state subjects of Jammu and Kashmir, so sheikh Abdullah and Indian government had "Delhi agreement" from where article 370 came to existence by the same agreement Dr. Rajendra Prasad, gave a presidential order on 14th may 1954 by this order section 35(A) came to existence.

Let's see what section 35(A) says:-
        Article 35(A) defines rights of permanent residents of Jammu and Kashmir. It states that who will be permanent resident and what are the right of previleges provided to them and what will be the restrictions on other non permanent residents.
Like permanent resident gets,
• Employment under state government.
• Acquisition of immovable property in the state
• Settlement in the state
• Scholerships, Aid's from the state government.
           
            35(A) also states that this provision will not be affected by any laws enacted in parliament.
       This provisions may be against some provisions of constitution but there will be no affects on this provision. So this one is widely discussed. As this article came from article 370, so maximum people want it to be removed and according to them these both articles are discriminatory.

                   Now let us see what are the provisions for permanent residents of Jammu and Kashmir.

WHO WILL BE PERMANENT RESIDENTS OF JAMMU AND KASHMIR??

The Jammu and Kashmir constitution- November 17, 1956

-- It defines
• A person who was a state subject on May 14, 1954.
• Who has been a resident of the state for 10 years and has lawfully acquired im movable property in the state.
These are permanent residents

The Jammu and Kashmir legislature can alter the definition through a law passed with ⅔rd majority.

          Now let's compare other states with Jammu and Kashmir and see what benefits Jammu and Kashmir gets by article 370 and 35(A).

1) DUEL CITIZENSHIP
           All other state people have single citizenship, we can only be Indian citizen at a time. But Jammu and Kashmir is only state which has dual citizenship, one is Indian citizenship and other is Jammu and Kashmir citizenship.

2) FLAG AND CONSTITUTION
        Whole India has one flag and one constitution, but Jammu and Kashmir has it's own flag and own constitution.

3) EMERGENCY PROVISIONS
              In other states the parliament can proclaim financial emergency. But in Jammu and Kashmir financial emergency cannot be proclaimed.

4) LEGISLATIVE ASSEMBLY TENURE
                 All Assemblies of other state have 5 years tenure. But Jammu and Kashmir has 6 years tenure.

5) RIGHT TO VOTE
             Universal adult franchise is applicable to all other states of India. Subject of the state can vote the person in state assembly. But in Jammu and Kashmir not all residents have right to vote, only the permanent residents can vote to state assembly.

          Present changes
                  There are many other differences. Whole blog is written by refering some part of constitution books and some lecture's. Here is everything what I know about this article.

         Only subject of this blog was the meaning of article 370 & 35(A).

         Thank you!!!!