Article 35 A of Indian Constitution Live Updates: The Supreme court onMonday deferred the hearing on the validity of Article 35A in Jammu and Kashmir by two weeks. The top court further added that the matter will be decided by a bench three-judge headed by Chief Justice of India. During the hearing, CJI Dipak Misra also observed that the top court has to consider whether Article 35-A goes against the basic structure of the Constitution or not. Article 35A guarantees special privileges to the state of Jammu and Kashmir. The petition seeking the scrapping of the Article 35A was filed in 2014 by a New Delhi- based NGO ‘We the Citizens’. In its petition, ‘We the Citizens’ has appealed to the apex court to abolish the law on the grounds that it was unconstitutional. The state government has filed an application before the Registrar of the top court that it is going to seek an adjournment of the hearing citing forthcoming panchayat, urban local body and municipal elections.
Separatist organisations have called a bandh in several areas like Srinagar, Baramulla, Sopore, Handwara, Kupwara, Pattan and Bandipore towns. All educational institutes and business establishments are closed. Security has been tightened across the valley to avoid any mishap. Article 35A guarantees special rights and privileges to the permanent residents of the state of Jammu and Kashmir. It denies property rights to a native woman who marries a person from outside the state.
People's Democratic Party led by former Chief Minister Mehbooba Mufti today said, "Deferment of SC hearing is nothing to be celebrated about. GoI will have to take a clear stand & the Hon. @jandkgovernor must ensure that the state is on a strong legal foot. The pot continues to boil, uncertainity hovering above us."
Deferment of SC hearing is nothing to be celebrated about. GoI will have to take a clear stand & the Hon. @jandkgovernor must ensure that the state is on a strong legal foot. The pot continues to boil, uncertainity hovering above us. #Article35A
— Rafi Ahmad Mir (@Rafiahmadmir) August 6, 2018
Earnestly hope that Hon. @jandkgovernor will esnure that the Law Department files appropriate counter affidavits, strongly espousing the need to protect Article 35A & also the catastrophic impact it may have on the socio- political atmosphere as anticipated by the Police intel.— Rafi Ahmad Mir (@Rafiahmadmir) August 6, 2018
BJP leader Subramanian Swamy today hope that the Supreme Court will strike down the Article 35A of the Constitution that grants special privileges to the residents of Jammu and Kashmir. Speaking to ANI, Swamy also added that Article 35A is against women's right. "We can't be terrorised by all this. This is clear that they (protestors) all are doing it under the instigation of extremist elements and Pakistan to not allow any change. This Article 35A is against the rights for women and is unconstitutional too. Therefore, we would like to see the Supreme Court strike it down."