The Supreme Court was scheduled to entertain the PIL’s which challenges the validity of Article 35A of the constitution. Article 35A empowers the Jammu and Kashmir constitution to define “permanent residents” of the state. It also prohibits non- residents of Jammu and Kashmir from the permanent settlement in the state in the state. It forbids acquiring of immovable property, government jobs, scholarships and any aid in the state. The matter was placed before Chief Justice Dipak Mishra and Justice AM Khanwilkar. The Bench said that a three-judge will determine whether this matter will have to be referred to five- judge bench. But the matter was adjourned on requests of both Centre and J&K because of the Panchayat elections to be held in the state.
The Supreme Court has listed the matter in the last week of August starting from 27th August. Initially, the Bench will determine whether the matter is to be referred to five judge bench. The CJI said that “under Article 145 of the Constitution any challenge to the validity of constitutional provisions needs to be adjudicated by a constitution bench to examine whether Article 35 violated the basic structure of the constitution.” Initially, an NGO named as, ‘We the citizens’, has challenged 35 A in the Apex court in 2014 on the grounds that it was not added to the constitution through a procedure mentioned under Article 368. Further in July last year, two Kashmiri women brought to the notice before the court that state law has disenfranchised their children.
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