Article 35A hearing: Supreme Court likely to hear pleas challenging constitutional validity of Article 35A this week

By: |
Updated:Feb 28, 2019 10:20:23 am

Article 35A Supreme Court Hearing: Last August, the top court had deferred the hearing till January this year in view of the local bodies polls.

Article 35A Supreme Court, Article 35A Hearing Article 35A hearing: Article 35A was incorporated in the Constitution by a 1954 Presidential Order.

Article 35A hearing in Supreme Court: The Supreme Court may begin hearing on the pleas challenging the constitutional validity of Article 35A of the Constitution this week. The Supreme Court’s advance cause list mentioned the matter for hearing between February 26 and 28. However, the final cause list issued on Wednesday evening didn’t mention it. The matter will not be taken up for hearing today as expected.

Article 35A promises special rights to the people of Jammu and Kashmir. However, several petitions including one from RSS-linked NGO ‘We the citizen’ have been filed in the top court seeking its revocation. The crucial hearing was earlier listed from February 26 to February 28. The hearing assumes significance as it comes at a time when tension in Kashmir has reached a new high following Pulwama terror attack.

The ties between India and Pakistan deteriorated further after Pulwama incident. Pakistan-based terror group JeM claimed responsibility for the attack that left 40 CRPF soldiers dead.

Also, almost all regional parties in Jammu and Kashmir have toughened their stand on Article 35A and warned the Modi government against any decision to repeal the special article that was incorporated in the Constitution by a 1954 Presidential Order. It accords special rights and privileges to the citizens of Jammu and Kashmir and bars people from outside the state from acquiring any immovable property in the state.

Last August, the top court had deferred the hearing till January this year in view of the local bodies polls. The Centre and the Jammu and Kashmir administration had said the issue of Article 35A was very sensitive and keeping in mind the law and order aspect, the hearing be held in January or March 2019. Recently, the state administration told the court to defer the hearing in view of the protests in the Valley. It argued that the state has no elected government and it would only be appropriate for an elected government to take a stand before the Supreme Court on the matter.

Read More

Live Blog

Highlights

    09:52 (IST)26 Feb 2019
    Article 35A Supreme Court Hearing Live Updates

    The Article 35-A and Article 370 of the Constitution have been a contentious issue for long. While the BJP on many occasion favoured repealing these Articles, the regional parties have objected. Both the Articles promise special rights and privileges to the residents of Jammu and Kashmir.

    09:45 (IST)26 Feb 2019
    Article 35A hearing in Supreme Court LIVE Updates: Sajjad Lone warns Centre against tampering Article 35-A

    BJP ally Sajjad Lone has said that tampering with Article 35-A will be the murder of mainstream thought in Kashmir. "Any change introduced to the special Constitutional character will only deteriorate the situation further in the state," Peoples’ Conference president Lone told The Indian Express. CLICK HERE TO READ MORE

    09:16 (IST)26 Feb 2019
    Article 35A Hearing Live: J&K govt to seek adjournment

    Rohit Kansal, Jammu and Kashmir government's spokesman said that state had sought adjournment of the hearing on February 11 and it would do the same when the petition comes up for hearing.

    09:13 (IST)26 Feb 2019
    Asaduddin Owaisi urges Centre to act rationally over 35A

    AIMIM chief Asaduddin Owaisi has called upon the Modi government to act rationally over the issue of Article 35A. He said that it is a very delicate issue and advised the government not to lose cool but act rationally. "We hope that Modi government will act rationally. Elections will come and go but there is need to act rationally and not to lose cool. This is a very delicate issue," he said.

    09:03 (IST)26 Feb 2019
    Article 35A hearing LIVE: Omar Abdullah cautions Centre

    Former Jammu and Kashmir CM Omar Abdullah has urged the Central government to look at the situation in Arunachal Pradesh before trying to tinker with Article 35A. "Please leave the contentious issues for the elected government in the state that would have representation from Jammu, Kashmir and Ladakh. Your duty is to hold elections in the state and please address that issue as top priority," he said.

    08:59 (IST)26 Feb 2019
    Article 35A Supreme Court Hearing Live Updates: If Article 35A nullified, nobody will be available to lift tricolour, says Mehbooba Mufti

    PDP chief and former Jammu and Kashmir CM Mehbooba Mufti on Mondya said that if Article 35A is nullified then nobody would be available to lift the national flag in Kashmir. "If Article 35A is nullified, I fear there would be nobody to lift the national flag in Kashmir. Please don't play with fire. There has been lot of disinformation about this article in the rest of the country. Jammu and Kashmir is a Muslim-majority state which acceded to India under certain conditions. These conditions are there to preserve the Muslim-majority status of the state. Any fiddling with Article 35A, which is part of Article 370, would nullify the state's accession with India," she said.

    Article 35A of the Constitution empowers the Jammu and Kashmir legislature to define permanent residents of the state and provide special rights and privileges to them. Almost all regional political parties in Jammu and Kashmir have come out in defence of Article 35A. The hearing comes amid intense speculation that the Central government might favour abrogation of Article 35A. Political parties in the state have said that any tinkering with the Article will be 'playing with fire'. The state administration, on its part, has said that its stand on Article 35A remains unchanged as it has sought an adjournment in the top court. The administration submitted to the court that only an elected government can take a stand before the top court on the issue.
    Next Stories
    1India likely to get normal monsoon rains in 2019: Skymet
    2Car used in Pulwama convoy attack sold just 10 days before bombing, owner missing
    3SP-BSP in talks to expand the pre-poll alliance beyond three states