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Writer's pictureAmit Mathur

"SC Verdict: Article 35A Limited Fundamental Rights in Jammu and Kashmir!




In a historic and far-reaching judgment, the Supreme Court of India has issued a landmark verdict that significantly impacts the fundamental rights landscape in the region of Jammu and Kashmir. The focus of this pivotal ruling centers around Article 35A, a provision that had, for decades, shaped the socio-political fabric of this northernmost state.


**The Verdict Unveiled**


In a unanimous decision, the Supreme Court has ruled to limit the scope and impact of Article 35A in Jammu and Kashmir. This constitutional provision, introduced in 1954, had granted the state's legislature the power to define 'permanent residents' and bestow upon them special rights and privileges. However, this prerogative has often been criticized for its potential to be divisive and exclusive.


**A Paradigm Shift in Fundamental Rights**


This verdict signifies a tectonic shift in how fundamental rights will be perceived and experienced in the region. By curbing the broad powers vested in the state legislature through Article 35A, the Supreme Court has heralded a new era of inclusivity and equity. This move aligns with the broader national agenda of 'One Nation, One Constitution.'


**The Impact on Permanent Residency**


One of the most significant consequences of this ruling is reevaluating the 'permanent resident' status in Jammu and Kashmir. Previously, this status was granted exclusively to those who met certain criteria, often on the basis of their ancestry. This categorization, some argued, perpetuated discrimination and restricted the influx of new talent and investment into the region.



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