SC defers hearing on J&K permanent resident status

SansadTV Bureau
File Photo of Supreme Court of India building in New Delhi.

File Photo of Supreme Court of India building in New Delhi.

The Supreme Court today deferred hearing on a petition raising the issue of Jammu and Kashmir’s right to decide who qualifies as a permanent resident of the state and also the right to own property there. The constitutional provision, known as Article 35A, allows it the autonomy and a degree of self-rule not given to others.

The plea seeking repeal of Article 35A was listed for hearing before the three judges bench led by Chief Justice Dipak Mishra.

Apex court deferred the hearing for eight weeks as Centre sought time and cited appointment of interlocutor Dineshwar Sharma to assist government on the issues concerning the state.

Article 35A, added to the Indian Constitution by a Presidential Order in 1954, also empowers the state’s legislature to frame laws without attracting a challenge on grounds of violating the Right to Equality of people from other states or any other right under the Constitution.

The provision also restricts the non-residents to own property, and are also kept away from other benefits like government jobs and scholarships.

The issue has assumed emotive proportions in the valley with Kashmir-based political parties and separatist leaders opposing it.