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ARTICLE 35A (Counter arguments (If article 35A is not upheld, the legality…
ARTICLE 35A
Counter arguments
If article 35A is not upheld, the legality of many presidential orders issued under art 370 may become
questionable
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Since Article 35A predates basic structure theory of 1973, it cannot be tested on the touchstone of basic
structure.
similar provisions are also in place in several other states,
Supreme Court in Puranlal Lakhanpal vs. The President of India 1961 judgement observed that the
President may ‘modify an existing provision in the Constitution under Article 370.’
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What is article 35 A?
Article 35A of the Indian Constitution gives the Jammu and Kashmir Legislature the power to define
‘permanent residents’ of the State and confer on them
special rights and privileges in public sector jobs,
acquisition of property in the State,
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It was incorporated into the Constitution in 1954 by a Presidential order issued under Article 370 (1) (d)
of the Constitution.