Article 35A and revocation of J&K’s special status – OPSC OAS Mains GS Paper II PYQ

📝Model Answer

Introduction

Accession of the princely state of Jammu and Kashmir to India in 1947 occurred under the Instrument of Accession, subject to conditions on Defence, External Affairs and Communications. This led to Article 370 granting special autonomous status, and later Article 35A empowering the state legislature to define "permanent residents" and their exclusive rights.

Body

Article 35A of the Indian Constitution

1. Insertion: Inserted via a 1954 Presidential Order under Article 370, without going through Parliament as a constitutional amendment.
2. Definition power: Empowered the J\&K state legislature to define "permanent residents" of the state.
3. Employment and welfare rights: Granted permanent residents exclusive rights to state government jobs, scholarships, and other welfare benefits.
4. Property restrictions: Restricted property ownership and settlement rights in J\&K to permanent residents only.
5. Inheritance exclusion: Barred non-permanent-resident women (who married outside the state) and their children from inheriting property rights.

Revocation as a Positive Step towards National Integrity

1. Constitutional integration: Extended the Indian Constitution in full to J\&K, ending a parallel constitutional arrangement.
2. Legal uniformity: Enabled application of central laws on RTI, RTE, and anti-corruption directly to the region.
3. Equal citizenship: Opened property ownership and domicile-based rights to all Indian citizens, promoting equal citizenship.
4. Social justice: Extended reservation benefits (SC/ST/OBC) to communities like Valmikis and Gorkhas previously excluded.
5. Political representation: Improved prospects through delimitation and eventual restoration of statehood processes.
6. Economic development: Facilitated greater private investment and infrastructure development by removing land-ownership barriers.
7. National unity: Strengthened the idea of "one nation, one constitution," symbolically unifying J\&K with the rest of India.
8. Security coordination: Enhanced by bringing J\&K’s administrative and legal framework in line with the Union.

Criticism

1. Procedural concerns: Process bypassed the elected state legislature, raising questions about federalism and procedural propriety.
2. Human rights concerns: Prolonged communication blockade and detention of political leaders drew criticism domestically and internationally.
3. Demographic anxiety: Domicile law’s employment/land provisions triggered concern among local populations about demographic change.
4. Incomplete statehood: Continued Union Territory status is seen as incomplete restoration of political rights.
5. Economic disruption: Tourism and livelihoods were affected in the immediate aftermath.

Way Forward

1. Statehood restoration: Expedite restoration of full statehood to complete the democratic transition.
2. Electoral process: Conduct regular, free and fair elections to restore representative governance.
3. Confidence-building: Build local trust through sustained dialogue with all stakeholders, including youth and civil society.
4. Transparent implementation: Ensure domicile and employment provisions are implemented transparently to address demographic concerns.
5. Development focus: Prioritise investment in education, tourism and infrastructure to translate integration into tangible development.

Conclusion