The Supreme Court has deferred the hearing on Article 35A of the Constitution, with the next hearing now scheduled to be on 19 January, apex court advocate Varun Kumar said on Friday, 31 August.
As the Supreme Court began hearing a batch of petitions challenging the constitutional validity of Article 35A on Friday, the Centre argued before the court that the hearing should be postponed till Panchayat elections are over as there may be law and order problems in the state. The court then agreed that it would hear the petitions after the elections are over, advocate DK Dubey told the media.
A three-judge bench, comprising of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud, has been hearing the petitions challenging the constitutional validity of Article 35A, which empowers the Jammu and Kashmir assembly to define "permanent residents" for bestowing special rights and privileges to them.
- A shutdown was observed in parts of J&K a day before the SC hearing on 31 August
- Earlier, CJI Misra had observed that SC has to consider whether Article 35A goes against the basic structure of the Constitution
- A Delhi-based NGO had filed a plea challenging the validity of 35A, terming it ‘discriminatory’
J&K National Conference to Boycott Panchayat Elections Unless Centre Clarifies Stance on 35A
The J&K National Conference will boycott the upcoming panchayat and urban local body elections unless the Centre clarifies its stand on Article 35A, NC President Farooq Abdullah said today.
“The National Conference will not participate in the elections unless and until the Central and the State governments clarify their position and take effective steps for the protection of Article 35A” National Conference president Farooq Abdullah said on Wednesday, 5 September.
SC Defers Hearing on Article 35A Till January
The Supreme Court has deferred the hearing on Article 35A of the Constitution, with the next hearing now scheduled to be on 19 January, apex court advocate Varun Kumar said on Friday, 31 August.
As the Supreme Court began hearing a batch of petitions challenging the constitutional validity of Article 35A on Friday, the Centre argued before the court that the hearing should be postponed till Panchayat elections are over as there may be law and order problems in the state.
Attorney General KK Venugopal and the state reportedly told the court about the sensitivity of the issue and that a debate on it would affect the law and order situation in J&K.
The court then agreed that it would hear the petitions after the elections are over, advocate DK Dubey told the media.
12 Injured in Clashes in Kashmir
Clashes broke out between protestors and security forces in Kashmir as many parts of the valley observed a spontaneous shutdown following "rumours" about scrapping of Article 35-A, police said.
At least 12 people were injured today in the clashes, they said.
Article 35-A, which grants special rights and privileges to the people of Jammu and Kashmir, is currently facing a legal challenge in the Supreme Court.
SC Adjourns Hearing on Fresh Plea Against Article 35a
The Supreme Court today adjourned its hearing on a fresh plea challenging the constitutional validity of Article 35-A, which empowers the Jammu and Kashmir assembly to define "permanent residents" for bestowing special rights and privileges to them.
A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud did not take up the matter as the petitioner had circulated a letter in the apex court registry seeking adjournment of hearing on the plea.
Lawyer and Delhi BJP leader Ashwini Upadhyay, in a fresh plea, had sought a direction to the central and state governments to declare Article 35A of the Constitution as "arbitrary" on the ground that it was contrary to fundamental rights like the right to equality, dignity of women, freedom of speech and expression and the right to life and personal liberty