This implied that the State's separate Constitution stood inoperative, including the privileges granted by the Article 35A.
In a statement to the Lok Sabha on the Delhi agreement, the Indian prime minister Jawaharlal Nehru explained:[9]The question of citizenship arose obviously.
If I mention it, in the old days the Maharaja was very much afraid of a large number of Englishmen coming and settling down there, because the climate is delectable, and acquiring property.
Following the adoption of the provisions of the Delhi Agreement by the Constituent Assembly of Jammu and Kashmir, the President of India issued The Constitution (Application to Jammu and Kashmir) Order, 1954, through which Indian citizenship was extended to the residents of the state, and simultaneously the Article 35A was inserted into the Indian constitution enabling the State legislature to define the privileges of the permanent residents.
— Notwithstanding anything contained in this Constitution, no existing law in force in the State of Jammu and Kashmir, and no law hereafter enacted by the Legislature of the State:[2] (a) defining the classes of persons who are, or shall be, permanent residents of the State of Jammu and Kashmir; or (b) conferring on such permanent residents any special rights and privileges or imposing upon other persons any restrictions as respects— shall be void on the ground that it is inconsistent with or takes away or abridges any rights conferred on the other citizens of India by any provision of this part."
The Constitution (Application to Jammu and Kashmir) Order, 1954 was issued by President Rajendra Prasad under Article 370, with the advice of the Union Government headed by Jawaharlal Nehru.
[1][13] The Jammu and Kashmir state legislature could alter the definition of permanent residents or modify the privileges applicable to them through a law passed with two-thirds majority.
[14] The State Constituent Assembly incorporated these discriminatory provisions under Section 51 (Qualifications for membership of the Legislature – "A person shall not be qualified to be chosen to fill a seat in the Legislature unless he is a Permanent Resident of the State"), Section 127 (Transitional provisions – "Until other provision is made in this behalf under this Constitution, all the laws in force immediately before the commencement of this Constitution and applicable to any public service or any post which continues to exist after the commencement of this Constitution, as service or post under the State, shall continue in force so far-as consistent with the provisions of this Constitution") and Section 140 ("The elections to the Legislative Assembly shall be on the basis of adult suffrage; that is to say, every person who is a permanent resident of the State and who is not less than Eighteen years of age on such date ..."), etc.
[citation needed] On 5 August 2019, the Union Government revocated the special status granted to Jammu and Kashmir under the Article 370 through a Presidential Order, and made the entire Constitution of India applicable to the state.
In the original Order of 31 March, only subordinate posts in the Jammu and Kashmir government were reserved for domiciled residents.
[17] Following protests and criticism, a Second Order was issued on 3 April 2020, reserving all posts of Jammu and Kashmir to domiciled residents.