Article 35A LIVE: Supreme Court Adjourns Hearing
On Monday, the Supreme Court adjourned the hearing on pleas challenging Constitutional validity of Article 35A pertaining to Jammu and Kashmir. The Chief Justice of India, Dipak Misra said that only 3-judge bench can decide matter.
He also said that the Petitions on Article 35 A will now be heard in week commencing August 27.
Justice D Y Chandrachud, who is one of three judges in bench, was not present, thus, the crucial hearing was adjourned.
Initially, the matter was listed for hearing before a bench comprising CJI and Justices A M Khanwilkar and D Y Chandrachud. The three-judge bench was hearing the case to decide whether issue of Article 35A has to be referred to constitutional bench.
On the other hand, the Highest Court of India, Supreme Court has said that it will only have to see whether Article 35 A goes against basic structure of Constitution.
To the best of knowledge, Article 35A was incorporated in the Constitution by a 1954 Presidential Order. It deals 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 such women from the state to forfeit their right over property, also applies to their heirs.