Article 35-A updates: Supreme Court adjourns hearing to 27 Aug; 2-judge bench can't hear matter, says CJI

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Article 35-A updates: Supreme Court adjourns hearing to 27 Aug; 2-judge bench can't hear matter, says CJI
  • 11:57 (IST)

    Life in Kashmir remain severely affected for the second consecutive day

    Life in Kashmir remained severely affected on Monday for the second consecutive day due to a complete shutdown called by separatists against the legal challenge in the Supreme Court on the validity of Article 35A. The two-day strike called by the Joint Resistance Leadership (JRL) — comprising Syed Ali Shah Geelani, Mirwaiz Umar Farooq and Mohammad Yasin Malik — comes as the Supreme Court is scheduled to hear a PIL challenging the validity of Article 35A later in the day.

  • 11:55 (IST)

    NC, PDP have been taking out separate rallies against the hearing

    On Saturday, the National Conference (NC) and its arch rival People's Democratic Party (PDP) had taken out separate protest rallies in Srinagar ahead of the Supreme Court hearing on petitions challenging Article 35-A of the Constitution, which confers special status to permanent residents of Jammu and Kashmir.

  • 11:51 (IST)

    SC must consider whether Article 35-A goes against basic structure of Constitution: Dipak Misra

    A bench comprising Chief Justice Dipak Misra and Justice A M Khanwilkar said the matter has to be heard by a three-judge bench and Justice DY Chandrachud, who is also a part of the bench, was not present. The apex court has listed the matter for hearing in the week commencing 27 August. CJI Misra observed that the apex court has to consider whether Article 35-A goes against the basic structure of the Constitution. Article 35-A, which was incorporated in the Constitution by a 1954 Presidential Order, accords special rights and privileges to the citizens of Jammu and Kashmir and denies property rights to a woman who marries a person from outside the state. The provision, which leads to such women from the state forfeiting their rights over property, also applies to their heirs.- PTI

  • 11:47 (IST)

    Meanwhile, Congress leader Abhishek Manu Singhvi asks 'Why are BJP supporters still blaming Congress for Article35-A?'

    Congress leader Abhishek Manu Singhvi slams the Centre for Article 35-A, asks,"Why are BJP supporters still blaming Congress for #Article35A? We are not even in power. Please don't make a fool of yourself and ask your party which has a majority in Parliament to fulfil your wish."

  • 11:40 (IST)

    CJI says the SC will hear AG of India as J&K government 'may not have much to say'

    CJI says the SC will hear AG of India as J&K government "may not have much to say". J&K counsel has opposed the observation. ASG Tushar Mehta & Rakesh Dwivedi reply, saying that the state has "a lot to say in this matter".

  • 11:35 (IST)

    Hurriyat Conference chairman Mirwaiz Umar Farooq had called for 'resistance and readiness' ahead of the hearing

    The separatist groups who are protesting against any tampering with Article 35A have ended up defending a law that is part of the Constitution of India, something which the Hurriyat leadership never considered sacrosanct. Life in Kashmir remained severely affected on Monday for the second consecutive day due to a complete shutdown called by separatists against the legal challenge in the Supreme Court on the validity of Article 35A.

  • 11:28 (IST)

    CJI Dipak Misra says argument about strike by lawyers can't now be a ground to expedite case

    CJI Dipak Misra says Article35A has been in vogue for more than 60 years. "An argument about strike by lawyers can't now be a ground to speed up the case," he says. Jammu and Kashmir seeks matter to be adjourned to December. The matter will now be listed on 27 August, CNN-News 18 reported.

  • 11:26 (IST)

    Article-35A is tacit acceptance that J&K’s future lies within Constitution of India: Omar Abdullah

    Omar Abdullah says, "Protecting Article-35A is a tacit acceptance that J&K’s future lies within the Constitution of India otherwise how would it matter if it were struck down or diluted?"

  • 11:24 (IST)

    Supreme Court adjourns hearing petitions challenging the validity of Article 35A

    Supreme Court adjourns hearing petitions challenging the validity of Article 35A which empowers J&K state's legislature to define 'permanent residents' of the state and provide special rights to them. SC to hear the matter on August 27.

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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Updated Date: Aug 06, 2018 13:34:25 IST

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