Article 35A was not incorporated in the Constitution yesterday: Supreme Court

The Supreme Court on Monday observed that the matter related to questioning the validity of Article 35A is to be referred to a constitutional bench and would be considered by a three-judge bench on August 27. This decision was taken because Justice D Y Chandrachud was not present on Monday, who is a primary member of the three-judge bench looking in to the matter.

Hearing the petition on Article 35A, the Chief Justice said, “Article 35A was not incorporated in the Constitution yesterday. It has been there for 60 years, since 195, now when it is being challenged, the question whether or not it should go to a constitution bench under Article 145(3) will be determined by a three-judge bench.”

According to Article 35A, the State of Jammu and Kashmir has been granted a special status, on the advice of Jawaharlal Nehru Cabinet in 1954, by the then President Rajendra Prasad, reports Live Law. With this act J&K achieved full autonomy to determine the ‘permanent residents’ of the state. Also, this act gives the state special rights and privileges in determining State’s public sector jobs, scholarships, other public aid, welfare schemes and acquisition of property within the State. Adding on, Article 35A further saves the State of any such acts being challenged for violation of the Constitution or any other law of the land, adds the Live Law. 

Additional Solicitor General Tushar Mehta, presenting the case, sought an adjournment anticipating massive unrest in the Valley which might be triggered by any unfavourable orders of the court. He said, “please let it be heard subsequently. There are lakhs of candidates involved.”

Since the matter has been raised due to the municipality and Panchayat elections, scheduled to be held in the state in October, J & K has sought a dismissal of the petitions challenging the Article 35A. Hearing the petition and the details involved in it, Supreme Court observed that matter to be considered by a three-judge bench on August 27.