* Article 370 provides special status to Jammu and Kashmir, Article 35A gives more powers to the state
* Article 35A which does not allow people from outside the state of Jammu & Kashmir to work, settle or
own property in the state.
* a Kashmiri woman, Charu Wali Khan filed a petition to change the constitutional provision as she
wanted succession rights in the state though she is settled outside the state.
* The state government filed a counter petition and the Central Government has submitted before the
Supreme Court that it is ready to discuss on scrapping of Article 35A which does not allow people from
outside the state of Jammu & Kashmir to work, settle or own property in the state.
* An NGO, ‘We the Citizens’ have filed a writ petition to strike down Article 35A.
* The provision does not allow people from outside the state of Jammu & Kashmir to work, settle or own
property in the state. Scholarships, forms of aid etc are also not allowed to non-residents of the
* The Supreme Court hinted at referring petitions against Articles 370 and 35A of the Constitution —
which give special provisions to Jammu and Kashmir — to a Constitution bench.
* Article 35A was not a part of the original Constitution but was added later by a presidential order
* Article 370 is another matter of discussion as it is not permanent but a temporary clause.
* Article 370 states that all emigrants from Jammu and Kashmir, including those who migrated to
Pakistan are considered as state subjects.
* The provision is also gender discriminatory as the rules
discriminate against Kashmir women by restricting their choice of partners in marriage. If the husband
does not hold a permanent resident certificate, the subsequent rights are denied to the children. Hence
a female marrying outside the state of Jammu and Kashmir is denied of property rights in that manner
* Under Article 6 of the Jammu and Kashmir Constitution, Indians are not conferred state subjects which
prevent them from voting, holding jobs, getting admissions to colleges etc.