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This article specifies that except for Defense, Foreign Affairs, Finance
and Communications, (matters specified in the instrument of accession)
the Indian Parliament needs the State Government's concurrence for
applying all other laws. Thus the state's residents lived under a separate
set of laws, including those related to citizenship, ownership of property,
and fundamental rights, as compared to other Indians.
Similar protections for unique status exist in tribal areas of India
including those in Himachal Pradesh, Arunachal Pradesh, Andaman &
Nicobar Islands and Nagaland however it is only for the state of Jammu
and Kashmir that the accession of the state to India is still a matter of
dispute between India and Pakistan still on the agenda of the UN Security
Council and where the Government of India vide 1974 Indira-Sheikh
accord committed itself to keeping the relationship between the Union and
Jammu and Kashmir State within the ambit of this article .
The 1974 Indira-Sheikh accord mentions that "The State of Jammu
and Kashmir which is a constituent unit of the Union of India, shall, in its
relation with the Union, continue to be governed by Article 370 of the
Constitution of India".
In notifications issued as far back as 1927 and 1932, the state
created various categories of residents – with some being called
permanent residents with special rights. Though the law did not
discriminate between female and male PRs, an administrative rule – thanks
to in-built patriarchy or misogyny – made it clear that women could remain
PRs only till marriage. After that they had to seek a fresh right to remain
PRs. And if a woman married someone who wasn‟t a Kashmiri PR, she
automatically lost her own PR status. In 2004, the state high court, in the
case of State of J&K vs Sawhney, declared that there was no provision in
the existing law dealing with the status of a female PR who married a non-
resident. The provision of women losing their PR status after marrying
outside the state,