SC adjourns hearing on pleas challenging Article 35-A


Team Udayavani, Aug 6, 2018, 10:50 AM IST

New Delhi: The Supreme Court today adjourned hearing on a batch of pleas challenging the constitutional validity of Article 35-A, which gives special rights and privileges to people of Jammu and Kashmir, saying its three-judge bench has been hearing the case and will consider whether it has to be referred to a larger bench.

A bench comprising Chief Justice Dipak Misra and Justice A M Khanwilkar said the matter has to be heard by a three-judge bench and Justice D Y Chandrachud, who is also a part of the bench, was not present.

The apex court has listed the matter for hearing in the week commencing August 27. CJI Misra observed that the apex court has to consider whether Article 35-A goes against the basic structure of the Constitution.

Article 35-A, which was incorporated in the Constitution by a 1954 Presidential Order, accords special rights and privileges to the citizens of Jammu and Kashmir and 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 rights over property, also applies to their heirs. “Once you have challenged the constitutional validity of Article 35-A, it has to go before a Constitution bench. A three-judge bench will determine it. A three-judge bench has been dealing with it,” the CJI said.

“A three-judge bench will consider whether it has to go before a Constitution bench.”  The Jammu and Kashmir government had on August 3 moved the apex court seeking adjournment of today’s hearing on petitions challenging the validity of Article 35-A, citing the upcoming local body elections.

During the hearing today, the counsel appearing for the petitioners challenging the validity of Article 35-A opposed the move by the state government seeking adjournment of the matter. Several interlocutory petitions have been filed in support of Article 35-A by various individuals and civil society groups seeking continuance of the special status to Jammu and Kashmir.

Udayavani is now on Telegram. Click here to join our channel and stay updated with the latest news.

Top News

413 new COVID-19 cases, 4 deaths in Karnataka

Mangaluru: Rickshaw driver suffers massive heart attack while driving; dies

Seven detained over bid to disrupt Friday ‘namaz’ in Gurugram

CJI sends proposal to set up National Judicial Infrastructure Authority of India

Rahul accuses PM of being ‘insensitive’ for not paying compensation to kin of deceased farmers

Will follow a ‘ships first’ approach; Karwar’s Project Seabird ‘most important’ infra project : Navy chief

70% drop in AC travel among railway passengers in 2020-21 due to COVID-19: Govt


Related Articles More

Seven detained over bid to disrupt Friday ‘namaz’ in Gurugram

CJI sends proposal to set up National Judicial Infrastructure Authority of India

Rahul accuses PM of being ‘insensitive’ for not paying compensation to kin of deceased farmers

Will follow a ‘ships first’ approach; Karwar’s Project Seabird ‘most important’ infra project : Navy chief

70% drop in AC travel among railway passengers in 2020-21 due to COVID-19: Govt

MUST WATCH

HIGH PROFILE CM MEETING ON OMICRON VIRUS

Udayavani news bulletin 03-12-2021

NEW UDAYAVANI PODCAST SERIES ANNOUNCEMENT

UPDATE ON OMICRON VIRUS

Govt Employee Runs After Goat As Eats His Papers video got viral


Latest Additions

413 new COVID-19 cases, 4 deaths in Karnataka

Mangaluru: Rickshaw driver suffers massive heart attack while driving; dies

Air India disinvestment: Union moves HC on employees’ welfare

Seven detained over bid to disrupt Friday ‘namaz’ in Gurugram

CJI sends proposal to set up National Judicial Infrastructure Authority of India

Thanks for visiting Udayavani

You seem to have an Ad Blocker on.
To continue reading, please turn it off or whitelist Udayavani.