Article 35A: SC adjourns hearing on pleas till January 2019

Centre and J&K govt had submitted to court that hearing the petitions now, ahead of panchayat polls, would create a law and order problem.

August 31, 2018 12:09 pm | Updated 06:13 pm IST - New Delhi

The Supreme Court of India, at New Delhi, the Capital of India.        Photo: Rajeev Bhatt , September 19, 2003.

The Supreme Court of India, at New Delhi, the Capital of India. Photo: Rajeev Bhatt , September 19, 2003.

The Supreme Court on Friday adjourned till the second week of January 2019 the hearing on petitions challenging the constitutional validity of Article 35A.

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 bars people from outside from acquiring any immovable property in the State. It also denies property rights to a woman who marries a person from outside the State. The provision, which leads to such women from the State forfeiting their right over property, also applies to their heirs.

The court said it would wait for the panchayat polls to get over in December as both the State government and the Centre had submitted to it that hearing the petitions now would create a law and order problem.

Any debate and discussion on Article 35A has direct repercussions on law and order in Jammu and Kashmir, the State told the court.

“Let the elections take place. We are told, there is a law and order problem,” the court said.

“Do not want to precipitate matter when elections are due,” said Justice Chandrachud.

The local body polls are set to be held in 8 phases, beginning in September.

(With inputs from PTI )

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