Cashmeres are thinking only one way. They know that Article 35A is unconstitutional and went in via only President of India's assent.
Now what does 35A* actually state:
No person who is not a Permanent Resident of Jammu and Kashmir can own property in Jammu and Kashmir.
No person who is not a Permanent Resident of Jammu and Kashmir can obtain job within Jammu and Kashmir Government.
No person who is not a Permanent Resident of Jammu and Kashmir can join any professional college run by government of Jammu and Kashmir or get any form of government aid out of government funds.
And who is a Permanent Resident of the state?
The Jammu and Kashmir Constitution, which was adopted on November 17, 1956, defined a Permanent Resident (PR) of the state as a person who was a state subject on May 14, 1954, or who has been a resident of the state for 10 years, and has “lawfully acquired immovable property in the state”.
And how can one acquire immovable property in the state lawfully?
No you cannot. You have to inherit the land.
Now here is what will get Cashmere's goats. If article 35A is ruled legal by SC, then all states in the union of India can define "residency of state" and at the very least do the following:
No person who is not a Permanent Resident of <state> can obtain job within <state government>
No person who is not a Permanent Resident of <state> can join any professional college run by government of <state> or get any form of government aid out of government funds.
Anyway there is clamor of such a thing in Bengaluru, Kerala.
Article 35A is illegal.
SC can only do the following:
1. kick the can down the road - status quo continues
2. strike down some portions of Article 35A - basically the jobs and education funding. Both are discriminitative.
3. abrogate Article 35A completely with appropriate riders for agricultural, tribal and protected areas. For example - right to own apartments in urban Srinagar.
It will be interesting to see how SC can rule that Article 35A is legal. Since if they do that, all floodgates from every state can open up on job and education protection.
*This is not comparable to HP or Andaman or Nagaland. Such comparisons by Cashmeres is wrong. In HP one can buy in urban areas. There is no restriction in obtaining jobs in local government. And horticultural universities from HP does fund outside researchers. One can apply for government jobs in Andaman and Nagaland.
