J&K Special autonomy: Temporary or permanent On August 15, 1947, when India and Pakistan became independent states, the kingdom of Jammu and Kashmir did not cede to either dominion. Instead, its maharaja proposed a “Standstill Agreement” with both countries. Pakistan entered into a Standstill Agreement with Jammu and Kashmir, but India did not. It wanted to hold further negotiations. And on October 26, 1947, Maharaja Hari Singh signed the Instrument of Accession whereby Jammu and Kashmir agreed to accede to the Union of India. The first India-Pakistan war over the accession of Jammu and Kashmir led to a delay in the integration of the state with the Union. Since the Constitution of India was being drafted during the tussle over Kashmir, it was felt that a transitional provision had to be included in it regarding the relationship between India and the state. This was to be an interim arrangement till the Constituent Assembly of Jammu and Kashmir had been elected to deter
What is Article 35A? It is a constitutional provision that allows the Jammu-Kashmir assembly to define permanent residents of the state. According to the Jammu-Kashmir constitution, a Permanent Resident is defined as a person who was a state subject on May 14, 1954, or who has been residing in the state for a period of 10 years, and has “lawfully acquired immovable property in the state”. Historical Background of Article 35A: The need to make a distinction between permanent and non-permanent residents can be traced back to an agitation by Kashmiri Pandits against the hiring of Punjabis in the state administration, which eventually led to a 1927 law promulgated by Maharaja Hari Singh that sought to provide certain privileges to permanent residents , especially in the purchase of land. Because of the special circumstances surrounding the accession to India and the guarantee of special status, representatives of Jammu and Kashmir felt the law regarding permanent residents