The Jammu and Kashmir State Subject Laws repealed upon the abolition of Section 35-A on August 5, 2019 have a long history. At the end of the 19th century, government jobs and businesses in Kashmir were dominated by non-Kashmiris, mostly Punjabis. This alarmed the Kashmiri pundits, the educated community of Kashmir. Pandits and also Muslims started several agitations in the 1880s. Against this background, in 1889, under pressure from British authorities, Maharaja Pratap Singh issued a circular to all departments that Mulki (natives) should have the preference in state government jobs. The circular was vaguely defined and did not have adequate legal force. Sporadic unrest therefore continued. In 1912, an order was passed by the Maharaja defining for the first time a subject of state as one who had obtained an Ijazat Nama, a certificate that the holder was entitled to all citizenship rights of the State, of Darbar. This ordinance also did not prevent “foreigners” from obtaining jobs and employment in the state administration. This order also had shortcomings and therefore resentment. Finally, the 1912 Ordinance was replaced by Notification 1-L/84 of 20-04-1927 by which the term âSubject of Stateâ was replaced by the term âSubject of hereditary Stateâ. Under the notification of 1927 employment rights in public service and land were prohibited to non-state subjects and under this notification four classes of hereditary subjects of the state from all parts of the old Princely state of Jammu and Kashmir were defined.
In the post 1947 scenario, citizenship was a major bargaining point between the rulers of Jammu and Kashmir and the Indian government. Following the Delhi Agreement of 1952, the Special Subjects of State Acts were enacted into the Constitution of India through what became known as the Constitution (Application to the Jammu and Kashmir) and therefore Article 35-A of the Constitution.
Here is the text of the State Subjects Acts of 1927
No. IL/84. – The following definition of the term “Subject of State” was sanctioned by His Highness Maharaja Bahadur (Deputy Private Secretary’s Letter No. 2354, dated January 31, 1927, addressed to the Fiscal Member of the Council) and is by the hereby promulgated for general information.
The term subject of state means and includes –
Class I. – All persons born and residing in the State before the beginning of the reign of His Highness the Late Maharaja Ghulab Singh Sahib Bahadur, as well as persons who established the reign before the beginning of the samvat year 1942, and which permanently reside since the bridle.
Class II. – All persons other than those belonging to Class I who settled in the State before the end of the year samvat 1968 and have since resided there permanently and acquired real estate there.
Class III. – All persons, other than those belonging to classes I and II permanently residing in the State, who have acquired under a rayatnama immovable property in it or WIZO can now acquire such property under a ijazatnama and can perform a rayatnama after ten years of continuous residence in it.
Class IV. – Companies which have been registered as such in the State and which, being companies in which the Government is financially interested or as regards the economic interest for the State or the financial stability of which the Government is satisfied, have, by special decree of His Highness was declared subject of State.
Note I. – In the granting of state scholarships, state lands for agricultural purposes, and the construction of housing and recruitment into the service of the state, subjects of the state in class 1 must have the preference over other classes and those in Class 11 over Class III, subject, however, to His Highness Maharaja Bahadur’s Ordinance of 31 January 1927 concerning the employment of hereditary subjects of state in government service.
Note II. – Descendants of persons who have obtained the status of any class of state subjects will be entitled to it. become the state subject of the same class. For example, if A is declared a Class II state subject, his sons and grandsons. will ipso facto acquire the status of the same Class (II) and not of Class I.
Note III. – The wife or widow of a subject of state of any category acquires the status of her husband as a subject of state of the same category as her husband, so long as she resides in the state and does not leave not the state to reside there permanently. state side.
NoteIV. â For the purpose of interpreting the term “subject State”, either by reference to any law currently in force or otherwise, the definition given in this notification as . update should be read as if such amended definition existed in this Notice as originally posted.
(Published by order of His Highness Maharaja Bahadur dated Srinagar, 27th June 1932, (14 Har, 1989, published in Government Gazette dated 24 Har, 1989).
No. 13L/1989. – – Whereas it is necessary to determine the status of the subjects of the State of Jammu and Kashmir in foreign territories and to inform the government of foreign states of the position of their nationals in that state, it is by hereby ordered and notified for public information, as follows:
That all emigrants from the state of Jammu and Kashmir to foreign territories shall be considered subjects of state as well as the descendants of such emigrants born on board for two generations. Provided that such nationals of the state of Jammu and Kashmir shall not be entitled to claim any internal rights granted to subjects of that state by the laws unless they fulfill the conditions laid down by such laws and regulations for the specific purposes mentioned therein.
Foreign nationals residing in the State of Jammu and Kashmir only acquire the citizenship of the State of Jammu and Kashmir after the age of 18 by purchasing real estate with the permission of a ijazatnama and obtaining a rayatnama after ten years of continuous residence in Jammu. and the State of Kashmir, as indicated in Notification No.-ll. of 1984, dated April 20, 1927.
Certificates of Nationality of the State of Jammu and Kashmir may, upon application, be granted by the Minister in Charge of the Political Department in accordance with the provisions of Section I of this Notification.