Topic of the day-Art 35A

Art-35A

deals with power of State to define "permanent resident" of the state.

Benefit of Permanent Resident

1.only PR can aquire property in the state

2.only PR can have job under jnk govt

3.get admission in the college

4.can vote

Issue

1.against a women who by her wish married to a non permanent resident person----discriminatory against women

2.difficulty in having talent from outside to settle in the state like expert doctors

3.this act was allegedly passed by president order not by parliament and president is not the authority to amend the constitution, thus this act should be ultra-vire

4.it is said to be against Art-14 as it discriminate between PR and non-PR

Favour

1.such special provision is available for other states like Nagaland under Art 371A, then why cant for jnk

2.such permanent resident status has been there before independence also

3.such provisions prevent exploitation of people by outsiders

4.will dusturb already critical situation if kashmir

History

1.granted by maharaja of Kashmir during 1920s to protect the exploitation by outsiders

2.after independence, such power of providing permanent resident was given to state government by delhi agreement of 1954

jnk constitution define PR as

1.who was state subject as on May 14,1954

2.lived in the state for more than 10 yrs

3.have legally aquired property on the state