ART 35A CASE PUSHED BACK, VALLEY TENSE

NEWDELHI/SRINAGAR:THE Supreme Court on Monday adjourned a scheduled hearing into a clutch of petitions questioning the constitutional validity of Article 35A and said a three-judge bench needs to determine whether the matter should be heard by a fivejudge Constitution bench.

Article 35A of the Constitution prohibits non-permanent residents of Jammu & Kashmir (J&K) from acquiring immovable property, government jobs, scholarships and aid in the state, among other related provisions.

The matter was deferred on Monday by a bench of Chief Justice of India Dipak Misra and Justice AM Khanwilkar after both the central and the J&K, which is under the Governor’s Rule since June 20 after the fall of the PDPBJP coalition government, asked for the matter to be taken up later because of the upcoming municipal elections in the state.

“Let it be listed before a threejudge bench in the week commencing August 27 to determine whether it should be heard by a Constitution bench or not,” the court ordered.

“Today there are only two judges. These petitions challenge a 60-year-old provision of the Constitution. Only a Constitution bench can hear it. But the reference cannot be made by us. Only one thing is to be heard whether Article 35A goes against the basic structure or doctrine of the Constitution. No other argument can be made,” CJI Misra said.