What is the issue

Centre is likely to take a divergent opinion from that of the Jammu and Kashmir government on Article 35(A), on the grounds that it discriminates against women who marry outside the State from applying for jobs or buying property, which is in violation of Article 14 of the Constitution.

Article 14  : says the “State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India, Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

Article 35(A) : which prohibits a non-J&K resident from buying property in the State and ensures job reservation for J&K residents.  Denies property rights to native women who marry from outside the State. The denial of these rights extend to her children also. It also empowers the State’s legislature to frame any law without attracting a challenge on grounds of violating the Right to Equality of people from other States or any other right under the Constitution.

Conflict between Article 14 and Article 35A

Source : The Hindu

Topic : Polity