• About Us
  • Contact Us
  • Our Team
  • Advertise with Us
  • Contributors
  • FAQ
  • Privacy Policy
  • Terms of Service
Saturday, September 12, 2026
The Kashmir Horizon
EPAPER
  • HOME
  • Region
  • City News
    • Srinagar
    • Jammu
  • News In Focus
  • Opinion
    • Editorial
    • Ideas
    • My Idea
    • Friday Faith
    • Letter to the Editor
  • Business
  • Sports
  • India
  • World
  • Snapshots
  • ePaper
No Result
View All Result
The Kashmir Horizon
  • HOME
  • Region
  • City News
    • Srinagar
    • Jammu
  • News In Focus
  • Opinion
    • Editorial
    • Ideas
    • My Idea
    • Friday Faith
    • Letter to the Editor
  • Business
  • Sports
  • India
  • World
  • Snapshots
  • ePaper
No Result
View All Result
The Kashmir Horizon
No Result
View All Result
Home Latest Update

‘3 judge bench may refer petition on Artcle 35 A to 5 judge constitutional bench’,Says SC

KH Web Desk by KH Web Desk
August 14, 2017
in Latest Update
A A
Share on FacebookShare on TwitterWhatsappTelegramEmail

New Delhi/Aug,14: If Article 35 A relating to special rights and privileges of the citizens of the Jammu and Kashmir is ultra vires of the Constitution or if there is any procedural lapse, the issue may be dealt with by a five-judge constitution bench, the Supreme Court indicated today.

A bench of Justices Dipak Misra and A M Khanwilkar tagged the issue along with a similar pending matter for hearing by a three-judge bench later this month.

“If this matter requires to be heard by a five-judge constitution bench, then the three-judge bench which will hear the matter may refer it,” the bench said.

During the hearing, counsel for Jammu and Kashmir government told the bench that the issue of Article 35 A has been “prima facie settled” by the state high court in its verdict passed in 2002.

The apex court was hearing a plea filed by Charu Wali Khanna challenging Article 35A of the Constitution and Section 6 of the Jammu and Kashmir Constitution which deal with the “permanent residents” of the state.

The plea has challenged certain provisions of the Constitution which deny property right to a woman who marries a person from outside the state. The provision, which makes such women from the state to lose rights over property, also applies to her son.

Article 35A, which was added to the Constitution by a Presidential Order in 1954, accords special rights and privileges to the citizens of the Jammu and Kashmir. It also empowers the state’s legislature to frame any law without attracting a challenge on grounds of violating the Right to Equality of people from other states or any other right under the Indian Constitution.

“Section 6 of the Jammu and Kashmir Constitution restricts the basic right of women to marry a man of their choice by not giving the heirs any right to property if the woman marries a man not holding the Permanent Resident Certificate.

“Her children are denied a permanent resident certificate thereby considering them illegitimate — not given any right to such a woman’s property even if she is a permanent resident of Jammu and Kashmir,” the plea, filed through advocate Bimal Roy Jad, said.

The petitioner said that as per the provisions, if a woman marries a person outside Jammu and Kashmir, then she loses property rights as well as employment opportunities in the state.

While Jammu and Kashmir’s Non-Permanent Resident Certificate holders can vote in Lok Sabha elections, the same individual is barred to vote in local elections in the state.

In a related matter filed by Delhi-based NGO ‘We The Citizens’ challenging Article 35A of the Constitution, a bench headed by the Chief Justice had referred the case to a larger bench.

KH Web Desk

KH Web Desk

Related Posts

NIA conducts fresh searches at multiple Kashmir locations in cross border terror conspiracy case

OGW Network Case: NIA Raids Underway in South Kashmir
by United News of India
September 12, 2026

Srinagar, Sept 12: The National Investigation Agency (NIA) on Saturday conducted fresh searches at multiple locations across Kashmir as part...

Read moreDetails

Anantnag Police Conduct Narco CASO at 20 Locations in Waghama, 13 Suspects Detained

Only DIO-Issued ID Card Holders to Get Media Access at Official Events in Baramulla: Police
by KH Web Desk
September 12, 2026

Anantnag, September 12: In a major offensive against the drug network, Anantnag Police today launched a Narco CASO (Cordon and...

Read moreDetails

‘My Party Abandoned the Fight’: Aga Ruhullah Takes Swipe at NC Over BJP-RSS

MP Aga Ruhullah denies reports of forming new political party
by KH Web Desk
September 11, 2026

Srinagar, Sept 11: National Conference Lok Sabha member Aga Syed Ruhullah Mehdi has publicly questioned his party’s approach to several...

Read moreDetails

GMC Anantnag Enforces Strict Dress Code, Makes Apron and ID Cards Mandatory

GMC Anantnag emerges as major Cardiac Care hub
by KH Web Desk
September 11, 2026

Srinagar, Sept 11: Government Medical College (GMC) Anantnag has directed all medical, nursing, paramedical, technical and allied healthcare staff to...

Read moreDetails

NHM Employees extend J&K-Wide Strike by 72 Hours From September 12

NHM Employees Announce 72-Hour Strike From Sep 9
by KH Web Desk
September 11, 2026

Association says prolonged pendency of demands leaves employees with no option but to continue peaceful agitation Srinagar, Sept 11: The...

Read moreDetails

Artisan’s IFFJK Show creates buzz, capture attention of tourists, locals

IFFJK Day three spotlights J&K’s storytelling talent and global cinematic opportunities
by KH Web Desk
September 11, 2026

Srinagar’s SK Park hosts Soulful Kashmir, mesmerise visitors, students and craft lovers with niche handmade products SRINAGAR, SEPTEMBER 11: Riding...

Read moreDetails

About

The publication of “Kashmir Horizon” as an English daily was started with a modest attempt on May 19, 2008.It has been a Himalayan attempt for “The Kashmir Horizon” to survive the challenges posed to journalism in the violence fraught place like Jammu & Kashmir.

MORE

Search in Archive

DIGITAL EDITION

  • About Us
  • Contact Us
  • Our Team
  • Advertise with Us
  • Contributors
  • FAQ
  • Privacy Policy
  • Terms of Service

© The Kashmir Horizon - Designed by Gabfire

No Result
View All Result
  • HOME
  • Region
  • City News
    • Srinagar
    • Jammu
  • News In Focus
  • Opinion
    • Editorial
    • Ideas
    • My Idea
    • Friday Faith
    • Letter to the Editor
  • Business
  • Sports
  • India
  • World
  • Snapshots
  • ePaper

© The Kashmir Horizon - Designed by Gabfire

✕
The Kashmir Horizon

FREE
VIEW