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Article 35A

Pranjal Rai & Purunjai Tewari
Amity University Lucknow
UttarPradesh, India

Volume II – Issue II, 2019

A large number of political and defense analysis attribute instability in Jammu and Kashmir to India’s inability to fully integrate the state into the union. The challenges towards such integration have historical roots dating to the circumstances under which the state led by Maharaja Hari Singh acceded to India following Pakistan attempt to annex the state through the force. Historically Pakistan has consistently be provided support to terrorist and separatist movement in J&K and has also extended such support to promote terror in other parts of the country, in furtherance of its own interest. The third factor is the imposition of article 370 of Indian constitution and the addition of article 35A through the provisions of article 370. Article 35Aof the Indian constitution is an article that empowers the J&K state legislature to define “permanent residents” of the state and provide special rights and privileges to those permanent residents. It was put up in the constitution through a presidential order i.e. the constitution {of Jammu and Kashmir] order 1954, issued by the President of India on may 14, 1954 in exercise of the powers conferred by clause (1) of article 370 of the constitution with the concurrence of the government of the state of Jammu and Kashmir. The special status granted to state of Jammu and Kashmir is believed to be the prime inhibiting factor in the complete integration of the state with the union

 

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