• About Us
  • Contact Us
  • Our Team
  • Advertise with Us
  • Contributors
  • FAQ
  • Privacy Policy
  • Terms of Service
Sunday, August 23, 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 will decide whether to refer pleas against Art 35A to Constitution bench: SC

K H News Service by K H News Service
August 6, 2018
in Top News
A A
Share on FacebookShare on TwitterWhatsappTelegramEmail

New Delhi: The Supreme Court Monday said that a three-judge bench would decide whether the pleas challenging Article 35A, which provides special rights and privileges to the natives of Jammu and Kashmir, should be referred to a five-judge Constitution bench for examining the larger issue of alleged violation of the doctrine of basic structure of the Constitution.
A bench comprising Chief Justice Dipak Misra and Justice A Khanwilkar adjourned the crucial hearing on as many as five petitions “to the week commencing from August 27” on the grounds that they pertained to the challenge to a Constitutional scheme and could not be heard as the third judge, Justice D Y Chandrachud, was not present Monday.
As the matter came up Monday in the backdrop of protests in Jammu and Kashmir on the issue, the state government sought adjournment of the hearing citing upcoming local body elections in the state and was supported by the Centre.
The lawyers for petitioners, however, vehemently opposed the adjournment plea and sought an early hearing after the bench clarified that it cannot take up the matter due to lack of quorum.
“Once you have challenged the constitutional validity of Article 35-A, a three judge bench would decide whether they have to go before a Constitution bench. A three-judge bench will determine it. A three-judge bench has been dealing with it,” the CJI said.
“A three-judge bench will consider whether it has to go before a Constitution bench,” the court said, making it clear that the hearing has to be adjourned as Justice Chandrachud, one of the three judges of the bench, was not present.
The bench made clear that under Article 145 (special provisions as to disposal of questions relating to constitutional validity of laws) of the Constitution, any challenge to validity of a constitutional provision needed to be adjudicated upon by a larger bench.
The court, in its historic Kesavananda Bharati judgement in 1973, had propounded the basic structure doctrine and had said that the Constitution has certain basic features like fundamental rights and judicial independence which cannot be altered even by Parliament.
Article 35-A, which was incorporated in the Constitution by a 1954 Presidential Order, accords special rights and privileges to the citizens of Jammu and Kashmir and bars people from outside the state from acquiring any immovable property in the state
It also denies property rights to a woman who marries a person from outside the state. The provision, which leads to such women from the state forfeiting their rights over property, also applies to their heirs.
All eyes were on the apex court Monday as the matter came a day after civil society organisations and business and trade bodies kept up their protests against the pleas challenging the validity of Article 35A.
At the outset, Additional Solicitor General Tushar Mehta, who was assisted by lawyers D C Raina and Shoeb Alam, appeared on behalf of the state government and sought adjournment of the hearing on the ground of local body elections in the state likely to be held in September.
Attorney General K K Venugopal, representing the Centre, also supported the submission.
The petitioners, opposed to the Article 35A, including NGO ‘We the Citizens’, which was represented by lawyer Barun Kumar Sinha, opposed the adjournment plea of the state government.
The court said the three judge bench needed to determine whether these matters were required to be referred to a five-judge Constitution bench.
When some lawyers insisted that an urgent hearing was needed, the bench asked, “Tell us, when the article came, Article 35A, came into the Constitution in 1954”.
When some advocates pointed out ongoing lawyers’ protests in favour and against the provision, the court said, “We are not concerned”. It reiterated the matters have to be heard by a three-judge bench, which was not assembling Monday.
It said in “matters like this” where constitutional scheme was under challenge, the court would like to hear Attorney General K K Venugopal and even the counsel for state will have “very limited” and “minimal” role to address.
The court’s observation that the state has a “minimal role” in the judicial scrutiny of Article 35A, drew sharp observation from the counsel for the state government and others like National Conference and CPI(M).
“The state government has a very key and pivotal role in it,” senior advocate Rakesh Dwivedi, appearing for one of the parties, said.
The bench then adjourned the hearing, saying it would hear “preliminary arguments” in the week commencing from August 27. The apex court is hearing a batch of pleas seeking quashing of the article which confers special status to permanent residents of the state.
Political parties, including the National Conference and the CPI-M, have moved the Supreme Court in support of Article 35-A that empowers the state assembly to define “permanent residents” for bestowing special rights and privileges to them.
The state government, while defending the Article, had cited two verdicts by the Constitution benches of the Supreme Court in 1961 and 1969, which had upheld the powers of the president under Article 370(1)(d) of the Constitution to pass constitutional orders. The Article was incorporated in the Constitution in 1954 by an order of president Rajendra Prasad on the advice of the then Jawaharlal Nehru Cabinet.

K H News Service

K H News Service

Related Posts

People’s Participation Vital to Counter Terrorism, Narco-Terror: LG Sinha

From Awareness to Action: LG Sinha Ignites Next Phase for Drug-Free J&K
by K H News Service
August 22, 2026

• LG lays foundation stone of Amriteshwar Sarovar at Sunderbani in Rajouri • Says “community solidarity essential to counter terror,...

Read moreDetails

World sees India as bright spot for growth: PM Modi

Paper Leak Accused Won’t Be Spared, Fast-Track Courts to Be Set Up: PM Modi
by K H News Service
August 22, 2026

Says "Production Linked Punishment model of earlier 'License Raj' governments" Prime Minister Narendra Modi took a veiled dig at Congress...

Read moreDetails

LG Sinha Calls Agriculture a New Frontier for Youth Entrepreneurship

LG Sinha invites suggestions for SMVDSB’s upcoming ‘International Goddess Museum’ at Katra
by K H News Service
August 22, 2026

•Urges youth to turn local agricultural challenges into startups and jobs •Calls for greater use of AI, technology and innovation...

Read moreDetails

Govt’s committed to deport every illegal immigrant from country: HM Amit Shah

Fuel excise cut brings relief amid global crisis: Amit Shah hails PM Modi’s move
by K H News Service
August 22, 2026

Siliguri( West Bengal) :The Union Home and Cooperatives Minister, Amit Shah inaugurated a 6-day awareness exhibition on the three New...

Read moreDetails

CM Omar inaugurates Srinagar’s first ‘Waste to Wonder’ Flower Garden

CM Omar inaugurates Srinagar’s first ‘Waste to Wonder’ Flower Garden
by K H News Service
August 22, 2026

Says “Garden showcases creative reuse of discarded materials, promotes sustainable landscaping” Srinagar :Chief Minister Omar Abdullah Friday inaugurated Srinagar’s first...

Read moreDetails

CM Omar felicitates J&K’s four NEET toppers

CM Omar felicitates J&K’s four NEET toppers
by K H News Service
August 22, 2026

Srinagar: Chief Minister Omar Abdullah Friday felicitated four outstanding NEET achievers from Jammu and Kashmir, recognising their exceptional performance in...

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