Article 35A in Jammu and Kashmir: Supreme Court Lists Pleas Challenging Constitutional Validity of Act From February 26-28
The main petition was filed by 'We the Citizens', a Delhi-based NGO in 2014. Three more petitions were also filed challenging the Article but were later clubbed with the main one.
New Delhi, February 25: The Supreme Court Monday listed the pleas challenging the constitutional validity of the Article 35A- relating to the special rights and privileges enjoyed by Jammu and Kashmir for hearing this week from February 26-28, 2019. Article 35A Can Be Removed, Claims Subramanian Swamy.
The issue of Article 35A has gained a lot of attention and the clamour to scrap the act giving special status to the state of Jammu and Kashmir has grown particularly after Pulwama terror attack on February 14. Over 40 CRPF jawans were martyred and more than a dozen seriously injured after a local Pulwama youth turned suicide bomber rammed his SUV laden with explosives into a vehicle part of CRPF convoy. Jaish-e-Mohammad claimed responsibility for the attack and named Adil Ahmed Dar as the suicide attacker. Attempts to Scrap Article 35A Aimed at Bringing About Demographic Changes in J&K: Pakistan.
Article 35A is a provision in the Constitution giving the Jammu and Kashmir Legislature a freedom to decide the permanent residents of the State and confer on them special rights, while Article 370 of the Constitution gives autonomous status to Jammu and Kashmir.
In April last year, the top court had said that Article 370 of the Constitution is not a temporary provision.
Four petitions demanding scrapping of Article 35A in Jammu and Kashmir were listed before a bench of Chief Justice of India Dipak Misra and Justices AM Khanwilkar and DY Chandrachud in 2018.
The main petition was filed by 'We the Citizens', a Delhi-based NGO in 2014. Three more petitions were also filed challenging the Article but were later clubbed with the main one.
The issue triggered controversy after a plea was filed by Charu Wali Khanna, a lawyer and former member of the National Commission for Women, challenging Article 35A of the Constitution and Section 6 of the Jammu and Kashmir Constitution which deal with the "permanent residents" of the state.
The plea has challenged certain provisions of the Constitution which deny property right to a woman who marries a person from outside the state. The provision, which makes such women from the state to lose rights over property, also applies to her son.
The mainstream regional political parties in Jammu and Kashmir , like the Peoples Democratic Party (PDP), National Conference, separatist leaders have clearly said that any change in status quo over Article 35A would invite serious repercussions. However, the Bharatiya Janata Party (BJP) led National Democratic Alliance (NDA) government at the Centre has been historically against any special provisions to Jammu and Kashmir. (With ANI Inputs)
(The above story first appeared on LatestLY on Feb 25, 2019 12:01 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).