• About Us
  • Contact Us
  • Our Team
  • Advertise with Us
  • Contributors
  • FAQ
  • Privacy Policy
  • Terms of Service
Thursday, November 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 Top News

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

Agencies by Agencies
August 14, 2017
in Top News
A A
Share on FacebookShare on TwitterWhatsappTelegramEmail

New Delhi: 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 Monday.
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.

 

 

Agencies

Agencies

Related Posts

Irrigation Technology to villages

Uttarakhand embodies India’s spirit through grandeur of Himalayas: LG
by Irfan Yattoo
November 12, 2026

• Inaugurates Four Facilities at SKUAST-K, Sets Target of 100 Student Startups • SKUAST-K asked to Facilitate 100 Student-Led Startups...

Read moreDetails

SKUAST-K Targets Global Recognition by 2030, VC Unveils Transformation Roadmap

SKUAST-K Hosts Bandipora DLC, JKCIP Clears Proposals to Boost FPO-Led Agri Enterprises
by Irfan Yattoo
November 12, 2026

• University's national ranking jumps from 37th to 3rd; • Undergraduate programmes expand from four to 15, enrolment crosses 5,900...

Read moreDetails

Alert CRPF Personnel Thwart Major Kulgam Terror Attack

3 CRPF men killed, 2 injured in militant attack in north Kashmir
by K H News Service
November 12, 2026

Top Officials Visit Spot, Search Launched for Suspected Mastermind Kulgam | Nov, 11: Alertness and swift retaliation by security forces...

Read moreDetails

Kulgam Terror Attack: LG Visits Injured CRPF Personnel at Srinagar Hospital

Kulgam Terror Attack: LG Visits Injured CRPF Personnel at Srinagar Hospital
by K H News Service
November 12, 2026

Srinagar | Nov, 11: The Lieutenant Governor, Manoj Sinha Wednesday visited Base Hospital, Srinagar to enquire about the health of...

Read moreDetails

CRPF Briefs MHA Following Kulgam Attack, Security Reviewed

Trooper, civilian killed in Sopore, Family accuses CRPF of killing Srinagar man
by K H News Service
November 12, 2026

Srinagar | Nov, 11: Top brass of the Central Reserve Police Force (CRPF) on Wednesday briefed the Ministry of Home...

Read moreDetails

“We must resolve to make J&K cultural centre of the country”: LG Sinha

LG Sinha Steers Secure Amarnath Yatra Preparations
by K H News Service
November 12, 2026

• Inaugurates Veshow Festival in Kulgam • Calls for creation of ‘Veshow Archive’ to Preserve Literary, Cultural Heritage • Unveils...

Read moreDetails
Srinagar WEATHER

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