Supreme Court adjourns hearing on fresh plea against Article 35A

New Delhi:-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, has 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.

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 bars people from outside the state from acquiring any immovable property in the state.

It also 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 right over property, also applies to their heirs.

Earlier, the apex court had adjourned the hearing on a batch of petitions including the one filed by NGO ‘We the Citizens’, through lawyer Barun Kumar Sinha, till the week commencing today.

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