Is Article 35A violative of the Basic Structure of the Constitution?

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Article 35A was added by a Presidential order to Article 370 of the Constitution of Jammu and Kashmir. It gave the Jammu and Kashmir State Legislative Assembly powers to define permanent residents of the State and grant special rights to such residents. The question is, whether Article 35A is violative of the Basic Structure of the Constitution?

The correct approach would be to apply the doctrine of Basic Structure. Article 35A was a product of Article 370 that was challenged in Kohli J v State of Jammu and Kashmir, 2016. The Jammu and Kashmir High Court held that Article 35A was not severable and as such it was void. The Jammu and Kashmir High Court also held that Article 370 is a temporary provision and as such it cannot grant permanent rights to the residents of Jammu and Kashmir.

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