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Supreme Court to hear pleas challenging constitutional validity of Article 35A this week 

File photo of Supreme Court of India. Photograph:( WION )

WION Web Team New Delhi, Delhi, India Feb 25, 2019, 11.15 AM (IST)

The Supreme Court of India is expected to hear pleas challenging the constitutional validity of the Article 35A this week from February 26 to 28, news agency ANI reported. 

Article 35A relates to the special rights and privileges enjoyed by Jammu and Kashmir.

The Jammu and Kashmir administration on Sunday maintained that it is firm on its stand on the Article and seeks deferment of hearing.

Addressing a press conference, senior bureaucrat Rohit Kansal, who has been designated as the chief spokesperson of the governor's administration, said, "The stand of the state government on the request of deferment of hearing on Article 35A in the Supreme Court remains the same as requested by them on February 11."


The Jammu and Kashmir government's counsel had sought permission from the Supreme Court for circulating a letter among the contesting parties for adjourning the upcoming hearing on the pleas challenging the constitutional validity of Article 35A, which provides special rights and privileges to the natives of the state, saying there was no "elected government" in the state.

Article 35A, which was incorporated in the Constitution by a 1954 Presidential Order, accords special rights and privileges to the citizens of Jammu and Kashmir and bars people from outside the state from acquiring any immovable property in the state.

It denies property rights to a woman who marries a person from outside the state. The provision, which leads to such women from the state forfeiting their right over property, also applies to their heirs.

The bench is hearing several petitions including the one filed by NGO 'We the Citizens' through lawyer Barun Kumar Sinha.