The Supreme Court has adjourned a Public Interest Litigation (PIL) challenging the validity of the Article 35-A today. The court said a three-judge bench would decide whether the pleas challenging Article 35A, which provides special rights and privileges to the people of Jammu and Kashmir, should be referred to a five-judge Constitution bench for examining the larger issue of alleged violation of the doctrine of basic structure of the Constitution.
A bench comprising Chief Justice Dipak Misra and Justice A Khanwilkar adjourned the crucial hearing on as many as five petitions "to the week commencing from August 27" on the grounds that they pertained to the challenge to a Constitutional scheme and could not be heard as the third judge, Justice D Y Chandrachud, was not present today.
The Valley has been under shutdown since Sunday in support of Article 35A that guarantees special privileges to the state.
The top court is hearing a batch of petitions in the matter, including the one filed by an NGO 'We the Citizens', which has links with the Rashtriya Swayamsevak Sangh (RSS), seeking revoking of the article.
Amarnath Yatra has been suspended as a precautionary measure. Hundreds of pilgrims camping in Jammu to join the yatra to the 3,880 metre high holy cave shrine of Amarnath in south Kashmir were not allowed from the Bhagwati Nagar base camp Sunday morning, the officials said.
On Sunday, the Valley saw peaceful protests in support of Article 35-A that bars people from outside Jammu and Kashmir to acquire any immovable property in the state.
Here are the Highlights on the story:
- Petitions on Article 35 A will now be heard in week commencing August 27
- Crucial hearing on Article 35 A adjourned as Justice D Y Chandrachud, one of three judges in bench, was not present.
- Three-judge bench been hearing case to decide whether issue of Article 35 A has to be referred to constitutional bench, says SC
- We will only have to see whether Article 35 A goes against basic structure of Constitution
After Kashmir witnessed a quiet Sunday, the streets continue to be deserted, markets closed, buses and autorickshaws remain off the road as a result of the two-day shutdown called by separatists in support of Article 35A that guarantees special privileges to the state. The Supreme Court will hear a batch of petitions challenging the validity of the Article 35-A today, including the one filed by an NGO 'We the Citizens', which has links with the Rashtriya Swayamsevak Sangh (RSS). Article 35A, which was incorporated in the Constitution by a 1954 Presidential Order, bars people from outside Jammu and Kashmir to acquire any immovable property in the state. The article also gives special privileges to residents of the state in jobs and scholarships. Former Jammu and Kashmir Chief Minister Mehbooba Mufti has warned that fiddling with the state's special status would have "catastrophic ramifications" for the entire country."