The Article 370 of Indian Constitution had “temporary provisions with respect to the State of Jammu and Kashmir” which gave special powers to the state allowing it to have its own Constitution.
According to it, the provisions of only Article 1 and Article 370 applied to the state. If the Centre wanted to extend in the state a central law on subjects included in the Instrument of Accession (IoA) — Defence, External Affairs and Communications — it needed “consultation” while for extending laws on remaining subjects, “concurrence” of the state government was mandatory. The IoA signed on October 26, 1947 by the then ruler Raja Hari Singh had mentioned in Clause 5 that accession terms cannot be varied by any amendment of the Act or of Indian Independence Act unless such amendment is accepted by him by a supplementary instrument.
Article 35A of the Indian Constitution, which stemmed out of Article 370, gave powers to the Jammu and Kashmir Assembly to define permanent residents of the state, their special rights and privileges.
The Jammu and Kashmir Constitution adopted on November 17, 1956 defines permanent resident as a person who was a state subject as of May 14, 1954 or has been a resident in the state for 10 years on that date with a legally acquired property. Non-permanent residents cannot acquire immovable property, get government employment, scholarships or other aid provided by the state government. The unique Article was inserted in the Constitution through a Presidential order in 1954 instead of an Amendment moved through Parliament.
Article 35A is under challenge in SC as it was not added through a Constitutional amendment and other related issues.
