Article 35A: Supreme Court to hear petitions against Article 35A tomorrow

Sajad Bashir

Srinagar 18 Jan (KNB): The hearing of the Article 35A will be on 19th of January in the Supreme court of India amid rising tensions among various sections of the society which have unanimously decided to fight against any step aiming at changing demography of the state of Jammu and Kashmir.

Various mainstream political parties have voiced their concern and dubbed it as a political stunt by the Central government in order to garner votes for the upcoming Parliament elections.

It is pertinent to mention here that the petition  was filed by an NGO claiming that Article 35A is illegal as it was added to the Constitution without being presented before the Parliament. The Supreme Court lawyer Charu Wali Khanna, has also filed another petition challenging the said Article, claiming it as discriminatory against women .The hearing on the petition was earlier adjourned by  supreme Court  and deferred to January 19.

Talking to KNB Advocate Nazir Ahmad Malik a part of the legal team from the Jammu and Kashmir to defend the case in supreme court said ” we are confident that decision will be  in our favour. it is just a politically motivated petition filed by a NGO backed by RSS.

Earlier, Supreme Court of India has also rejected the petition on the Article 35 A filed in 1968 and 1984. Team of lawyers from kashmir headed by the Advocate Venogopal is already present in Delhi to defend the case,,

Rafi Mir the spokesperson of Peoples Democratic party (PDP)”  said that we will fight tooth and nail to defend special status of J&K as we have already sent Muzafar  Hussain beigh on our part.

Article 35A is a provision incorporated in the Constitution giving the Jammu and kashmir Legislature a carte blanche to decide who all are ‘permanent residents’ of the State and confer on them special rights and privileges in public sector jobs, acquisition of property in the State, scholarships and other public aid and welfare. The provision mandates that no act of the legislature coming under it can be challenged for violating the Constitution or any other law of the land.(KNB)

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