Union Finance Minister has said that Article 35A is constitutionally vulnerable and is an impediment to the economic development of Jammu and Kashmir.
Article 35-A was incorporated in the Constitution in 1954 through Presidential order.It gives the Jammu and Kashmir Legislature a complete freedom to decide,who are all ‘Permanent Residents’ of the State.
Article 35-A provides them(a) special rights and privileges in public sector jobs (b) acquisition of property in the State and (c)scholarships as well as public aid and welfare.
Further, Supreme Court is also scheduled to hear the plea challenging the validity of the Article 35-A.Petitioners has argued that Article 35A should be scrapped as (a) it is against the spirit of India as it creates a class within a class of Indian citizens (b)It was inserted unconstitutionally bypassing Article 368 which empowers only Parliament to amend the Constitution and (c) against the fundamental right(Right to equality) conferred by Part III of the Constitution.
Those in favour of Article 35-A says it should not be scrapped as (a) Article 370(1)(d) empowers the President of India to extend with requisite exceptions and modifications the other provisions of the Indian Constitution to J&K as may be necessary and (b)Various Articles in the Constitution provides special rights to states like Nagaland (Article 371A) and Mizoram (Article 371G) based on historical reason.