 "Article 35-A updates: Supreme Court adjourns hearing to 27 Aug; 2-judge bench can't hear matter, says CJI")
Supreme Court hearing on Article 35-A Latest updates: The Supreme Court on Monday adjourned the hearing on pleas challenging Constitutional validity of Article 35-A pertaining to Jammu and Kashmir. Petitions on Article 35-A will now be heard in week commencing 27 August, said Chief Justice of India Dipak Misra. A three-judge bench led by CJI Dipak Misra was supposed to hear the petitions but later it was reported that Justice DY Chandrachud was not going to be on the bench. CJI Misra said, “Article 35-A did not come in the Constitution a day ago and a two-judge bench cannot hear it.” Misra said that the court will examine whether Article 35-A violates basic structure of the Constitution. Attorney General will be heard at length, CJI further added and adjourned the matter for two weeks. The CJI added that Article 35-A been in vogue for more than 60 years. “An argument about the strike by lawyers can’t now be a ground to speed up the case,” he said.
CJI said that the Supreme Court will hear the Attorney General of India as Jammu and Kashmir government “may not have much to say”. The Jammu and Kashmir counsel has opposed the observation. ASG Tushar Mehta and Rakesh Dwivedi replied, saying that the state has “a lot to say in this matter”. “An argument about strike by lawyers can’t now be a ground to speed up the case,” CJI said as the Jammu and Kashmir government demanded that matter be adjourned to December. Earlier on Monday, Additional Solicitor General Tushar Mehta appeared for Jammu and Kashmir government and sought an adjournment of the hearing. Article 35-A , which was added to the Constitution by a 1954 Presidential Order, accords special rights and privileges to the permanent residents of Jammu and Kashmir and denies property rights to a native woman who marries a person from outside the state. It also bars people from outside the state from acquiring any immovable property in the state. The main petition demanding to scrap Article 35A was filed before the apex court in 2014 by Delhi-based NGO ‘We the Citizens’. Several advisors in official positions have cautioned the Centre about the fiery reaction that might ensue in Kashmir if Article 35A ceases to be a part of the Constitution. Outspoken IAS officer Shah Faesal on Sunday said repealing of Article 35A of the Constitution would end Jammu and Kashmir’s relationship with the rest of the country. With inputs from PTI
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