New Delhi: The Supreme Court on Monday adjourned hearing on a batch of pleas challenging the constitutional validity of Article 35-A, which gives special rights and privileges to the people of Jammu and Kashmir, saying one of the three judges on the bench was not present.
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 D Y Chandrachud, a part of the bench, was not in court.
The bench also said a three-judge bench has been hearing the case and will consider whether it has to be referred to a larger bench.
The apex court has listed the matter for hearing in the week commencing August 27. 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 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 rights over property, also applies to their heirs.
“Once you have challenged the constitutional validity of Article 35-A, it has to go before a Constitution bench. A three-judge bench will determine it.
A three-judge bench has been dealing with it,” the CJI said. “A three-judge bench will consider whether it has to go before a Constitution bench.”
The Jammu and Kashmir government had on August 3 moved the apex court seeking adjournment of Monday’s hearing on petitions challenging the validity of Article 35-A, citing the upcoming local body elections.
During the hearing on Monday, the counsel appearing for the petitioners challenging the validity, opposed the state government’s move seeking adjournment.
The local body elections in the state are likely to be held in September. (PTI)
