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Highlights: Supreme Court to hear plea against Article 35A

Article 35A gives special rights to the Jammu and Kashmir’s permanent residents.

Updated on: Oct 30, 2017, 23:45:38 IST
New Delhi, Hindustan Times | By
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The Supreme Court will hear a petition on Monday seeking repeal of Article 35A of the Constitution, which grants special privileges to Jammu and Kashmir.

Civil society members of Kashmir protest in Srinagar against the proposed removal of Article 35A. (LightRocket via Getty Images)
Civil society members of Kashmir protest in Srinagar against the proposed removal of Article 35A. (LightRocket via Getty Images)

The petition in the case has been filed by a Delhi-based NGO, We the Citizens, saying the state’s autonomous status granted by Article 35(A) and Article 370 of the Constitution discriminates against fellow citizens from the rest of the country.

Here are the highlights from the hearing:

1:31pm: Every person who loves Jammu and Kashmir will come on roads if there is any meddling with the law, Mustafa Kamal tells ANI.

1:30pm: “Since last 65-70 years there have been no problem with this law, but these people are finding problem in it today. This, firstly, involves a doubt that these opportunist people are trying to play politics with this law,” National Conference leader Mustafa Kamal tells ANI.

12:38pm: Terming it as unconstitutional, BJP leader Subramanian Swamy told ANI that the SC should quash Article 35A, as it is a temporary provision and has been held this long as a method of appeasement to votes by the Congress party.

11:50am: According to the NGO, Article 35A should be held “unconstitutional” as the President could not have “amended the Constitution” by way of the 1954 order, and that it was only supposed to be a “temporary provision”.

11:35am: The Jammu and Kashmir government has contested the petition, saying the President had the power to incorporate a new provision in the Constitution by way of an order.

11:20am: Kashmiri separatist leaders warned on Sunday of widespread protests if SC delivers a verdict “against the interests and aspiration of people of state”.

11:10am: Article 35A also forbids the Jammu and Kashmir government from hiring people who are non-permanent residents.

11:05am: Article 35A gives special rights to the Jammu and Kashmir’s permanent residents. It disallows people from outside the state from buying or owning immovable property there, settle permanently, or avail themselves of state-sponsored scholarship schemes.

(With inputs from agencies)

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