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Written by: Press Trust of Kashmir

Created: 14 May 2018

SRINAGAR: The Supreme Court on Monday deferred hearing on petitions challenging the constitutional validity of Article 35 A, which grants special rights and privileges of permanent residents of Jammu and Kashmir. The Centre told the apex court bench that the matter is very sensitive and since the interlocutor is making efforts to find a solution to the issue, the court should not pass any interim order at present as it would be counter-productive.
 
Four petitions demanding scrapping of the provision were listed for Monday before a bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandracud. The main petition was filed by a Delhi-based NGO “We the Citizens” and later three petitions of West Pakistan Refugees Action Committee, Dr Charu Wali Khanna and one Kali Dass were clubbed together.
 
The pleas have challenged certain provisions of the Constitution which deny property right to a woman who marries a person from outside the state. The provision, which makes such women from the state lose rights over property, also applies to her son. Article 35A, which was added to the Constitution by a Presidential Order in 1954, accords special rights and privileges to the citizens of the Jammu and Kashmir.
 
It also empowers the state's legislature to frame any law without attracting a challenge on grounds of violating the Right to Equality of people from other states or any other right under the Indian Constitution. While Jammu and Kashmir's Non-Permanent Resident Certificate holders can vote in Lok Sabha elections, the same individual is barred to vote in local elections in the state.