Srinagar: The Supreme Court of India on Friday adjourned till 2nd week of January the hearing on petitions, challenging Article 35-A of the Constitution of India.
A three-judge bench of the apex court headed by the Chief Justice Dipak Misra adjourned a bunch of petitions, challenging the constitutional validity of Article 35A that grants special privileges to the residents of the state of Jammu and Kashmir. State of J&K had moved a plea asked to adjourn the hearing citing Panchayat polls as reason.
ASG Tushar Mehta representing J&K submitted before SC, “All the security agencies are engaged in the preparation of the local body elections in the state.” AG KK Venugopal appearing for Centre told SC,”Let local body elections finish in a peaceful manner.”
Article 35A guarantees special rights and privileges to permanent residents of Jammu and Kashmir and thereby prohibiting non-permanent residents from permanent settlement and from acquiring immovable properties, government jobs and scholarships in the State. The provision also empowers the state legislature to define such “permanent residents” and provide special rights and privileges to those permanent residents.
It was added to the Constitution through a Presidential Order in 1954 issued by the then President in exercise of the powers conferred by clause (1) of Article 370 of the Constitution, with the concurrence of the Government of the State of Jammu and Kashmir. Article 370 guarantees a special status to Jammu and Kashmir within the Indian Union.
The main petition has been filed by an NGO, ‘We the Citizens, believed to be an RSS think-tank, and it challenged 35A in the SC in 2014 on grounds that it was not added to the Constitution through amendment under Article 368 and that it was never presented before Parliament, and came into effect immediately.
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