The Supreme Court on Monday adjourned the hearing on pleas challenging Constitutional validity of Article 35A pertaining to Jammu and Kashmir. Petitions on Article 35 A will now be heard in week commencing August 27, said Chief Justice of India Dipak Misra. The crucial hearing was adjourned as Justice D Y Chandrachud, one of three judges in bench, was not present. The matter was initially listed for hearing before a bench comprising CJI and Justices A M Khanwilkar and D Y Chandrachud. The three-judge bench was hearing the case to decide whether issue of Article 35A has to be referred to constitutional bench. “We will only have to see whether Article 35 A goes against basic structure of Constitution,” the Supreme Court said. Article 35A, which was incorporated in the Constitution by a 1954 Presidential Order, accords special rights and privileges to the citizens of Jammu and Kashmir and 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.
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