SC adjourns hearing plea challenging validity of Article 35A for two weeks
New Delhi: The Supreme Court on Monday adjourned hearing on pleas challenging Constitutional validity of Article 35A pertaining to Jammu and Kashmir.
"Petitions on Article 35A will now be heard in week commencing August 27," Chief Justice Dipak Misra said.
CJI Dipak Misra said the crucial hearing on Article 35A was adjourned as Justice DY Chandrachud, one of three judges in bench, was not present.
CJI Misra said that Article 35A has been in vogue for more than 60 years. "An argument about strike by lawyers can't now be a ground to speed up the case," he added.
CJI Misra observed that the apex court has to consider whether Article 35A goes against the basic structure of the Constitution.
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 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," he added.
The Jammu and Kashmir government had on August 3 moved the Supreme Court seeking adjournment of today's hearing on petitions challenging the validity of Article 35A, citing the upcoming local body elections.
During the hearing on Monday, the counsel appearing for the petitioners challenging the validity of Article 35A opposed the move by the Jammu and Kashmir government seeking adjournment of the matter.
Several interlocutory petitions have been filed in support of Article 35A by various individuals and civil society groups seeking continuance of the special status to Jammu and Kashmir.
"Protecting #Article35A is a tacit acceptance that J&K’s future lies within the Constitution of India otherwise how would it matter if it were struck down or diluted?" tweeted former chief minister of Jammu and Kashmir Omar Abdullah.
(With inputs from PTI)
