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Supreme Court Adjourns Hearings On Jammu & Kashmir Article 35A, To Hear Matter On August 27

DIVYIA ASTHANA | 0
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| August 6 , 2018 , 11:08 IST

The Supreme Court on Monday adjourned the hearing of petitions challenging the validity of Article 35A which grants special rights and privileges to permanent residents of Jammu and Kashmir. The apex court will continue hearings on the Article 35A issue on August 27.

On Sunday, Separatist leaders Syed Ali Geelani, Mirwaiz Umar Farooq and Yasin Malik under the banner of Joint Resistance Leadership (JRL) had launched a shut down in Jammu and Kashmir in protest against the Article 35A hearing.

The Article 35A of the Constitution grants special status to Jammu and Kashmir, disallowing people from outside the state to buy or own immovable property there, settle permanently or avail of state-sponsored scholarship schemes. It also forbids the state government from hiring people who are non-permanent residents.

ALSO READ: Separatists Shut Down Jammu And Kashmir Over Article 35A

The plea against the Article 35A was filed in the Supreme Court in 2014 by Delhi-based NGO 'We the Citizens' which claimed that the Article 35A was not passed by the Parliament and that it differentiates between citizens of India.

Article 35A had been added to the Indian Constitution in 1954 by a Presidential Order empowering the state's legislature to frame laws independently without attracting challenges comparing the Right to Equality of people in other states or other rights outlined by the Constitution.

ALSO READ: Supreme Court Delays Hearing Against Article 35A Granting Special Status To J&K By 3 Months

Meanwhile, Chetan Sharma, convener of the Jammu and Kashmir chapter of the civil society 'We the Citizens' on Sunday said that they would seek hearing of the Article 35A plea by a Constitution bench.

“There is no need to defer the hearing again… We are going to tell the Supreme Court through our counsel on Monday that our petition on Article 35A should be decided by a Constitution bench,” Sharma said.

Groups in Jammu and Kashmir have warned of massive protests if the state's Article 35A status is tampered with.