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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
those
permanent
residents.
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
on
14
May
1954,
exercising
the
powers
conferred
by
the
clause
(1)
of
the
Article
370
of
the
Indian
Constitution,
and
with
the
concurrence
of
the
Government
of
the
State
of
Jammu
and
Kashmir.
On
5
August
2019,
the
President
of
India
issued
a
Presidential
Order,
whereby
all
the
provisions
of
the
Indian
Constitution
are
to
apply
to
the
State
without
any
special
provisions.
This
would
imply
that
the
State's
separate
Constitution
stands
abrogated,
including
the
privileges
allowed
by
the
Article
35A.
Prior
to
1947,
Jammu
and
Kashmir
was
a
princely
state
under
the
British
Paramountcy.
The
people
of
the
princely
states
were
'state
subjects',
not
British
colonial
subjects.
In
the
case
of
Jammu
and
Kashmir,
the
political
movements
in
the
state
in
the
early
20th
century
led
to
the
emergence
of
'hereditary
state
subject'
as
a
political
identity
for
the
State's
people.
In
particular,
the
Pandit
community
had
launched
a
'Kashmir
for
the
Kashmiris'
movement
demanding
that
only
Kashmiris
should
be
employed
in
state
government
jobs.
Legal
provisions
for
the
recognition
of
the
status
were
enacted
by
the
Maharaja
of
Jammu
and
Kashmir
between
1912
and
1932.
The
1927
Hereditary
State
Subject
Order
granted
to
the
state
subjects
the
right
to
government
office
and
the
right
to
land
use
and
ownership,
which
were
not
available
to
non-state
subjects.
Following
the
accession
of
Jammu
and
Kashmir
to
the
Indian
Union
on
26
October
1947,
The
Maharaja
ceded
control
over
defence,
external
affairs
and
communications
(the
'ceded
subjects')
to
the
Government
of
India
.
The
Article
370
of
the
Constitution
of
India
and
the
concomitant
Constitutional
Order
of
1950
formalised
this
relationship.
Discussions
for
furthering
the
relationship
between
the
State
and
the
Union
continued,
culminating
in
the
1952
Delhi
Agreement,
whereby
the
governments
of
the
State
and
the
Union
agreed
that
Indian
citizenship
would
be
extended
to
all
the
residents
of
the
state
but
the
state
would
be
empowered
to
legislate
over
the
rights
and
privileges
of
the
state
subjects,
who
would
now
be
called
permanent
residents.
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
those
permanent
residents.
It
was
added
to
the
Constitution
through
a
Presidential
Order,
i.e.,
The
Constitution
(Application
to
Jammu
and
Kashmir)
Order,