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Hearing on Article 35A adjourned by the Supreme Court

Team SoOLEGAL 6 Aug 2018 1:30pm

Hearing on Article 35A adjourned by the Supreme Court

The Supreme Court bench headed by CJI Dipak Misra today adjourned a scheduled hearing on the petitions challenging the constitutional validity of Article 35A, which allows special rights and privileges to the permanent residents of Jammu and Kashmir.

The SC bench, also comprising Justices A M Khanwilkar and D Y Chandrachud, said it will hear the pleas in the week commencing August 27, after the J&K government sought an adjournment of hearing on the grounds of the upcoming elections in the state.

The government also cited the “sensitive situation” in the state to seek adjournment in the matter.

Further, the CJI went on to state any challenge to the validity of a constitutional provision under Article 145 of the Constitution needs to be adjudicated by a constitution bench, to see if Article 35A violated the basic structure of the Constitution.

One of the petitioners, a Delhi-based NGO 'We the Citizens', moved the top court in 2014 for scrapping Article 35A on grounds that it was illegally added to the Indian constitution as it was never floated before Parliament.

Another plea was filed in the SC last year by two women of J&K origin, who had challenged Article 35A of the Constitution, alleging it to be discriminatory to women.

While responding to the pleas, the top court had sent notices to the Centre and state last year. The Attorney General K K Venugopal told the bench of then CJI JS Khehar and Justice D Y Chandrachud that the pleas challenging Article 35A raised “very sensitive” questions that necessitate a “larger debate”.

Earlier on May 14 this year, the top court had deferred hearing on the pleas challenging Article 35A on the appeal made by the Centre and state government who had asked the bench not to pass an interim order on the sensitive matter of Article 35A.

 

 

Tagged: Constitutional Validity of Article 35A   Article 35A   Jammu and Kashmir   Supreme Court  
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