Article 35A in Jammu And Kashmir: Supreme Court Adjourns Hearing Till 19th January, 2019; Centre Says Matter 'Very Sensitive'
It must be noted that the article has been challenged after 60 years. Earlier today, the Apex Court began hearing a batch of petitions challenging the constitutional validity of Article 35A.
New Delhi, August 31: The Supreme Court on Friday adjourned the hearing of Article 35 A, that grants special privileges to the residents of the state of Jammu and Kashmir, till 19th January 2019. Similar hearings hearing on petitions challenging the validity of Article 35-A of the Constitution have been adjourned twice this month. However, the Court has agreed that it will hear the petitions after Panchayat elections are over.
The Government on Friday said that the matter is very sensitive. Advocate DK Dubey informed that Government of India argued before SC that the hearing should be postponed till Panchayat elections are over as there may be law and order problem in J&K. The Court agreed that it will hear the petitions after Panchayat elections are over.
It must be noted that the article has been challenged after 60 years. Earlier today, the Apex Court began hearing a batch of petitions challenging the constitutional validity of Article 35A. During the hearing of Article 35A in the Supreme Court today, ASG Tushar Mehta representing J&K submitted before SC said, "All the security agencies are engaged in the preparation of the local body elections in the state." Meanwhile, AG KK Venugopal appearing for Centre told SC,"Let local body elections finish in a peaceful manner."
Earlier this week, the Jammu and Kashmir government had approached the Apex Court seeking an adjournment of the August 31 in view of upcoming local body elections in the state. In a letter to the Registrar of the Supreme Court and circulated, M Shoeb Alam, the standing counsel for the state in the apex court, sought an adjournment of hearing on five petitions scheduled for Friday, by a three-judge bench headed by Chief Justice of India Dipak Misra.
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.
(The above story first appeared on LatestLY on Aug 31, 2018 11:52 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).