Live Updates

  • 11:17 AM IST

    Article 35A Hearing Live: Former chief minister of Jammu and Kashmir Omar Abdullah tweets, “Protecting article35a is a tacit acceptance that J&K’s future lies within the Constitution of India otherwise how would it matter if it were struck down or diluted? (sic).”

  • 11:06 AM IST

  • 11:05 AM IST

    Article 35A Hearing Live: Chief Justice Dipak Misra says that Article 35A has been in vogue for more than 60 years. “An argument about the strike by lawyers can’t now be a ground to speed up the case,” he says. Jammu and Kashmir seek matter to be adjourned to December. The matter will now be listed on August 27. SC will hear arguments on the reference.

  • 11:03 AM IST

    Article 35A Hearing Live: Article 35A hearing to be listed in the week after August 27

  • 11:02 AM IST

    Article 35A Hearing Live: “Article 35A didn’t come in the Constitution in just a day. We cannot hear it in a day. This will be argued,” CJI says.

  • 11:02 AM IST

    Article 35A Hearing Live: Additional Solicitor General Tushar Mehta appears for Jammu and Kashmir government and seeks an adjournment of hearing on Article 35A. Chief Justice Dipak Misra says that a two-judge cannot hear it

  • 10:54 AM IST

    Article 35A Hearing Live: The Supreme is likely to adjourn the hearing of petitions that sought to quash Article 35A of the Constitution. The two-judge bench is already in the courtroom. However, Justice DY Chandrachud is not available here. The matter was supposed to be heard by a three-judge bench.

  • 10:54 AM IST

    Article 35A Hearing Live: Chairman Hurriyat Conference (M) Mirwaiz Umar Farooq has called for “resistance and readiness” to go on an agitation ahead of Supreme Court’s hearing on Article 35A. He said that the strike should send a ‘stern’ message.

  • 9:06 AM IST

    Article 35A Hearing Live: A 14-member group of senior lawyers from the Bar Association will appear before the Supreme Court today to oppose the petitions seeking the scrapping of the constitutional provision.

  • 8:53 AM IST

    Article 35A Hearing Live: Amarnath yatra was suspended from Jammu on Sunday in view of the two-day separatist-sponsored strike against the legal challenge in the Supreme Court on the validity of Article 35-A.

New Delhi, Aug 6: The Supreme Court today will hear a batch of petitions challenging the validity of Article 35A of the Constitution, which grants special rights and privileges to the Jammu and Kashmir’s residents. A non-governmental organisation, We the Citizens, had filed a petition in 2014 to abolish the law on the grounds that it was “unconstitutional“. Also Read - BJP Wants to Develop an Ecosystem With No Place For Democracy: PDP Chief Mehbooba Mufti

The State government had on Friday moved an application before the top court and sought to defer the hearing of the case, citing upcoming panchayat and urban local body elections. The National Conference (NC) and its arch rival PDP   on Sunday took out protest rallies in Srinagar. The separatists and mainstream leaders demanded to dismiss the PIL. According to a Hindustan Times report, posters and video clips were issued by separatists and social media organisations explaining Article 35A’s importance and dangers if it is repealed have been making rounds on social media. Also Read - Jammu & Kashmir DDC Polls: 51.76 % Voter Turnout Recorded in First Phase

Former Jammu and Kashmir chief minister Mehbooba Mufti had also warned that fiddling with state’s special status will have catastrophic ramifications for the entire country. Protests by the separatists, business and trade bodies and civil society organizations have rocked the Valley over the past few days against petitions demanding that Article 35A be repealed. Also Read - Operation All-Out: Security Forces Within Striking Distance of Eradicating Terrorism in Kashmir

Earlier in May, the court had deferred the hearing of the case, saying that the government-appointed interlocutor, Dineshwar Sharma, is making efforts to find a solution; in such a situation, passing an interim order could prove futile.

The Union government decided not to file a counter affidavit in order to leave the Supreme Court free to decide on what is essentially an interpretation of the law and the Constitution.

Article 35A, which was incorporated in the Constitution by a 1954 Presidential Order, also denies property rights to a woman who marries a person from outside the state. The provision, which leads such women from the state to forfeit their right over property, also applies to their heirs.

In April, the Supreme Court had said that it is impossible to abrogate Article 370 of the Constitution, conferring special status on Jammu and Kashmir, because it has acquired permanent status through years of existence.

(With PTI inputs)