On Special Rights of Permanent Residents of J&K

 

The citizenship rights of persons who migrated to India from Pakistan after partition are governed by the provisions of Article 6 of the Constitution of India.

The state of J&K has conferred certain special rights (such as employment, acquisition of immovable property, settlement in state, scholarship etc.) upon its permanent residents which are not available to others.

Under Section 40 of the Constitution of J&K, only permanent residents of the State are entitled to cast their votes in Legislative Assembly elections. This right is not available to other citizens. However, other citizens as well as permanent residents are entitled to cast their votes for Parliament elections under Article 326 of the Constitution of India, by virtue of being citizens of India.

These matters fall within the jurisdiction of the State Government of Jammu and Kashmir. (Source: LSUQ No. 5993 dated 28 July, 1998 by V.V. Datt)






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