SC to take ‘in-chamber’ decision on listing plea against Article 35-A

PTI New Delhi | Updated on January 22, 2019 Published on January 22, 2019

Petition challenges constitutional validity of the Article

The Supreme Court on Tuesday said it will take an “in-chamber” decision on listing of a petition challenging the Constitutional validity of Article 35-A, which provides special rights and privileges to permanent residents of Jammu and Kashmir.

Advocate Bimal Roy had mentioned the matter before the Bench headed by Chief Justice Ranjan Gogoi and also comprising Justices L Nageswara Rao and Sanjiv Khanna.

He sought urgent hearing of the petition, filed by NGO ‘We The Citizens’, saying the court had earlier ordered listing of the matter in the second week of January.

In August, the apex court adjourned hearing on a batch of petitions challenging Article 35-A till January this year, after taking note of submissions of the Centre and the State government that there was a law and order problem in the State.

What is Article 35-A

Article 35-A, which was incorporated in the Constitution by a 1954 Presidential Order, bars people from outside the State from acquiring any immovable property in the State.

Article 35-A denies property rights to a woman who marries a person from outside the State. The provision, which compels such women from the State to forfeit their right over property, also applies to her heirs.

The Article was incorporated in the Constitution in 1954 by an order of President Rajendra Prasad on the advice of the then Cabinet headed by Jawaharlal Nehru.

Published on January 22, 2019
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