Supreme Court defers hearing by 3 months in Article 35A case
Jammu and Kashmir
Article 35A empowers the legislature of the state of Jammu and Kashmir to define 'permanent residents' of the state
The Supreme Court has deferred its hearing by three months on a bunch of petitions challenging the constitutional validity of Article 35A which empowers the legislature of the state of Jammu and Kashmir to define permanent residentsof the state.
The top court, which had initially said it would hear the matter after two months, amended its order to defer the hearing by three months.
The petitions, filed by an NGO, contendthat the politically contentious article was illegally added to the Constitution of India as the Article was never proposed before the Parliament.
Article 35A also allows the legislature to provide special rights and privileges to those it defines as permanent residents.
Four petitions, which demanded the scrapping of the provision, have been listed before a bench of Chief Justice of India Dipak
Misra and Justices AM Khanwilkar and DY Chandrachud.
The main petition was filed by "We the Citizens", a Delhi-based NGO in 2014.
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Three more petitions were also filed challenging the Article but were later clubbed with the main one.
The top court has indicated that the issue may be dealt with by a five-judge constitution bench to ascertain whether Article 35A which relates to special rights and privileges of the citizens of the Jammu and Kashmir is ultra vires of the Constitution or if there is any procedural lapse.
Article 370 gives special status to the state of Jammu and Kashmir in the Indian federation. Article 35A was added to the Constitution by a Presidential Order in 1954 and accords special rights and privileges to the citizens of the Jammu and Kashmir. It also empowers the state's legislature to frame any law without attracting a challenge on grounds of violating the Right to Equality of people from other states or any other right under the Indian Constitution.
A plea filed by Charu Wali Khanna, a lawyer and former member of the National Commission for Women, has challenged certain provisions of Article 35A of the Constitution and Section 6 of the Jammu and Kashmir Constitution which deal with the "permanent residents" of the state. The plea has challenged those provisions which deny property rights to a woman who marries a person from outside the state. The provision, which makes such women from the state to lose rights over property, also applies to her son.