SC defers Article 35A hearing by two months
NEWDELHI: The Supreme Court on Monday deferred the hearing of Article 35A that empowers the Jammu and Kashmir state legislature to define “permanent residents” of the state by two months.
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.
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 has come to the centre stage of controversy after the Supreme Court’s indication that it may be dealt with by a fivejudge constitution bench, to ascertain that, if Article 35A relating to special rights and privileges of the citizens of the Jammu and Kashmir is ultra vires of the Constitution or if there is any procedural lapse.
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 ruling Peoples Democratic Party (PDP), main opposition National Conference, and separatist leadership clearly oppose any change in status quo over Article 35A while warning serious repercussions. Meanwhile the Bharatiya Janata Party (BJP) has been historically against any special provisions to Jammu and Kashmir.
National Conference leader Mustafa Kamal on Monday said, “Every person who loves Jammu and Kashmir will come on roads if there is any meddling with the law.”
“Since last 65-70 years, there has been no problem with this law, but these people are finding problem in it today. This, firstly, involves a doubt that these opportunist people are trying to play politics with this law,” he added.
While on the other hand, terming Article 35A as unconstitutional, BJP leader Subramanian Swamy said, “The Supreme Court should quash Article 35A, as it is a temporary provision and has been held this long as a method of appeasement to votes by the Congress party.”