Article 35A of the Constitution of India

Part of a series on the
Constitution of India
Preamble
Parts I ∙ II ∙ III ∙ IV ∙ IVA ∙ V ∙ VI ∙ VII VIII ∙ IX ∙ IXA ∙ IXB ∙ X ∙ XI ∙ XII ∙ XIII ∙ XIV XIVA ∙ XV ∙ XVI ∙ XVII ∙ XVIII ∙ XIX ∙ XX ∙ XXI XXII
Schedules First ∙ Second ∙ Third ∙ Fourth ∙ Fifth Sixth ∙ Seventh ∙ Eighth ∙ Ninth Tenth ∙ Eleventh ∙ Twelfth
Appendices I ∙ II ∙ III ∙ IV ∙ V
Amendments List ∙ 1 ∙ 2 ∙ 3 ∙ 4 ∙ 5 ∙ 6 ∙ 7 ∙ 8 ∙ 9 ∙ 10 ∙ 11 ∙ 12 ∙ 13 ∙ 14 ∙ 15 ∙ 16 ∙ 17 ∙ 18 ∙ 19 ∙ 20 ∙ 21 ∙ 22 ∙ 23 ∙ 24 ∙ 25 ∙ 26 ∙ 27 ∙ 28 ∙ 29 ∙ 30 ∙ 31 ∙ 32 ∙ 33 ∙ 34 ∙ 35 ∙ 36 ∙ 37 ∙ 38 ∙ 39 ∙ 40 ∙ 41 ∙ 42 ∙ 43 ∙ 44 ∙ 45 ∙ 46 ∙ 47 ∙ 48 ∙ 49 ∙ 50 ∙ 51 ∙ 52 ∙ 53 ∙ 54 ∙ 55 ∙ 56 ∙ 57 ∙ 58 ∙ 59 ∙ 60 ∙ 61 ∙ 62 ∙ 63 ∙ 64 ∙ 65 ∙ 66 ∙ 67 ∙ 68 ∙ 69 ∙ 70 ∙ 71 ∙ 72 ∙ 73 ∙ 74 ∙ 75 ∙ 76 ∙ 77 ∙ 78 ∙ 79 ∙ 80 ∙ 81 ∙ 82 ∙ 83 ∙ 84 ∙ 85 ∙ 86 ∙ 87 ∙ 88 ∙ 89 ∙ 90 ∙ 91 ∙ 92 ∙ 93 ∙ 94 ∙ 95 ∙ 96 ∙ 97 ∙ 98 ∙ 99 ∙ 100 ∙ 101 ∙ 102 ∙ 103 ∙ 104 ∙ 105 ∙ 106
Related topics Constituent Assembly of India Constitution bench (India) Union List State List Concurrent List Judicial review Basic structure doctrine Uniform civil code
v t e

Article 35A of the Indian Constitution was an article that empowered the Jammu and Kashmir state's legislature to define "permanent residents" of the state and provide special rights and privileges to them which were not available to Indian citizens in general.^[1] It was 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 under Article 370.^[2] Under the state's separate constitution, which is now defunct, permanent residents had could purchase land and immovable property, vote and contest elections, seek government employment and avail themselves of other state benefits such as higher education and health care. Non-permanent residents of the state, even if Indian citizens, were not entitled to these 'privileges'.

The provisions facilitated by the Article 35A and the state's permanent resident laws were criticised over the years for their discriminatory nature, including the hardships imposed on immigrant workers, refugees from West Pakistan, and the State's own female residents, who could lose their permanent resident status by marrying out of state.

On 5 August 2019, the President of India Ram Nath Kovind issued a new Presidential Order, whereby all the provisions of the Indian Constitution were made to apply to the State without any special provisions. This implied that the State's separate Constitution stood inoperative, including the privileges granted by the Article 35A.^[3]