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Article 35A, which empowered the Jammu and Kashmir legislature to define 'permanent residents' of the state and their special rights, was added to the Constitution by a Presidential Order in:
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Answer: Option B — 1954
Detailed Solution
Article 35A was added to the Constitution by the Constitution (Application to Jammu and Kashmir) Order, 1954, issued by the President under Article 370.
What Article 35A provided:
- It empowered the Jammu and Kashmir state legislature to define who were the "permanent residents" of the state.
- It allowed the state to give special rights and privileges to permanent residents, in matters such as:
- Employment under the state government.
- Acquisition of immovable property (land) in the state.
- Settlement in the state.
- Scholarships and other forms of aid given by the state government.
- Laws made under it could not be challenged on the ground that they violated the rights of other Indian citizens.
How it was added:
- Article 35A was not added through the normal amendment procedure by Parliament.
- It was added by a Presidential Order on the advice of the Union government, with the concurrence of the state government of Jammu and Kashmir.
- It appeared in an appendix to the Constitution, and not in the main text.
The Delhi Agreement (1952):
The Presidential Order of 1954 followed the Delhi Agreement of 1952 between Jawaharlal Nehru and Sheikh Abdullah, the Prime Minister of Jammu and Kashmir.
Criticism:
- Critics argued that Article 35A discriminated against other Indian citizens, and against women of the state who married non-residents (who lost some of their rights).
- Its validity was challenged in the Supreme Court.
End of Article 35A:
- In August 2019, when Article 370 was made inoperative and all provisions of the Constitution were applied to Jammu and Kashmir, Article 35A also ceased to have effect.
- The new domicile rules (2020) allowed people who had lived in Jammu and Kashmir for 15 years, and certain others, to get domicile certificates.
Why not the other options?
- ✗1950, 1965 and 1975 are not the year in which Article 35A was added.
Quick tip
Remember: Article 35A (permanent residents of J&K) = added by the Presidential Order of 1954 (after the Delhi Agreement, 1952); ceased in August 2019.
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This question tests your understanding of Union, Territory & Citizenship, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.
This topic covers Part I and Part II of the Constitution: the Union and its territory (Articles 1-4), the formation and reorganisation of states, and the provisions on citizenship (Articles 5-11), including how citizenship is acquired and lost under the Citizenship Act, 1955. Questions commonly ask which article describes India as a 'Union of States' (Article 1), how Parliament can create new states (Article 3), and the five ways of acquiring citizenship (birth, descent, registration, naturalisation and incorporation of territory). Remember that India provides for single citizenship. Practise the union, territory and citizenship questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.