Supreme Court to hear plea against Article 35A that grants special status to Jammu and Kashmir
New Delhi: A 3-judge bench of the Supreme Court docket will hear on Monday for a last disposition of a legion that challenges Article 35A of the Structure. The Article pertains to the particular rights and privileges of the residents of Jammu and Kashmir.
It was added to the Structure by a Presidential Order in 1954. It empowers the state’s legislature to border legal guidelines with out attracting a problem on grounds of violating the Proper to Equality of individuals from different states or some other proper below the Structure.
The petition was filed by a Delhi-based NGO, We the Residents, which needs the state-specific legislation repealed.
Kashmiri separatist leaders have warned of widespread protests if the Supreme Court docket guidelines in favour of the petitioners. They are saying the transfer to tinker with Article 35(A) is a conspiracy towards Jammu and Kashmir.
In a joint assertion in Srinagar, Syed Ali Geelani, Mirwaiz Umar Farooq and Mohammad Yasin Malik urged the individuals to “launch a mass agitation if the Supreme Court docket delivered a verdict towards the pursuits and aspirations of the individuals of the state”.
“Any transfer to tinker with a state topic legislation will create a Palestine-like scenario,” the separatist Hurriyat leaders warned. They requested the individuals to arrange for protests towards any change within the legislation that bars individuals from exterior Jammu and Kashmir from buying immoveable property within the state.
They alleged the BJP authorities was working to sabotage the referendum course of within the state and described the PDP, its ruling companion within the state, as “an ally of the RSS”.
Earlier this month, at a rally to mark Dussehra, RSS prant pracharak Rupesh Kumar had known as Article 35A unconstitutional. He mentioned that it violates the fundamental character of Indian Structure, which ensures equality to all residents of India, no matter their caste, creed or faith.
4 petitions have been filed within the Supreme Court docket difficult numerous provisions of Articles 35 (A) and 370 of the Structure that grant particular standing to the state of Jammu and Kashmir. The petitioners are Labha Rama Gandhi on behalf of West Pakistan Refugee Motion Committee; Kali Dass, a refugee; Charuwali Khanna and We the Residents, an NGO.
(With inputs from PTI)