Constitutional Validity of the Article 35A

Vol-3 | Issue-04 | April 2018 | Published Online: 02 April 2018    PDF ( 172 KB )
Author(s)
Jadeja Prithviraj Manubha 1
Abstract

In recent times, there has been an intense debate on the legality of Article 35A of the Constitution, specifically as it concerns Jammu and Kashmir. This Article empowers the state legislature to define “permanent residents” of the state, their special rights and privileges. It was added to the Constitution through a presidential order of 1954 with the concurrence of the state government of the day but According to the Constitutional scheme, legally the question of that Does the President of India have sole power to amend the Constitution through “Order”?. The current article highlights the validity of the Constitution's Article 35A.

Keywords
Indian Constitution, Amendment, The Delhi Agreement states, The Constitution (Application to Jammu and Kashmir) Order, 1954, Permanent Residents
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