Article 35A LIVE: Supreme Court Adjourns Hearing, CJI Says Only 3-Judge Bench Can Decide Matter

Omar Abdullah on Article 35A Hearing | 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)."

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?

— Omar Abdullah (@OmarAbdullah) August 6, 2018

Kashmir has shut down to protect a provision of the Indian constitution. When was the last time anyone was able to frame that headline? #Article35A

— Omar Abdullah (@OmarAbdullah) August 6, 2018

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

Jammu and Kashmir May Not Have Much to Say on Article 35A: SC | Chief Justice Dipak Misra says that the Supreme Court will hear Attorney General (AG) of India as the Jammu and Kashmir government "may not have much to say". J&K counsel has opposed the observation. ASG Tushar Mehta and Rakesh Dwivedi reply, saying that the state has "a lot to say in this matter".

Can't Hear Hear 35A Petition in a Day: SC | Additional Solicitor General Tushar Mehta appears for Jammu and Kashmir government and seeks adjournment of hearing on Article 35A. Chief Justice Dipak Misra says that a two-judge cannot hear it. "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.

Supreme Court Likely to Adjourn Hearing of Article 35A | The Supreme is likely to adjourn the hearing of petitions that challenged the validity of Article 35A of the Constitution. The two-judge bench are already in the courtroom. However, Justice DY Chandrachud is not available. The matter was initially supposed to be heard by a three-judge bench.

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.  

By observing an exemplary protest strike today,people of J&K have send a clear message to GOI that their agenda to change the demographic character of the state and its disputed nature will not be tolerated. Tomorrow’s protest strike will send a sterner message of people’s...

— Mirwaiz Umar Farooq (@MirwaizKashmir) August 5, 2018

Call to Protect Article 35A Resonates in Kashmir Valley | Days ahead of the Article 35A hearing, revered shrine Dargah Hazratbal reverberated with slogans for protection of the Article as people resolved to safeguard the special status to Jammu and Kashmir. A report in Greater Kashmir stated that people who had gathered at the shrine to offer congregational Friday prayers shouted slogans for protection of Article 35A after Dargah imam Dr Kamal Ahmad Farooqi ended his sermon on the issue. The sloganeering continued for about six minutes. In his sermon, Dr Farooqi said that, “attempts are being made to attack Article 35A and change the demography of the Muslim majority state.” “Kashmir is an unfinished agenda of 1947 partition and people of J&K are yet to exercise their right to self-determination,” he said.  He made special prayers for those who lost their lives for “seeking right to self determination” and paid tributes to “people who as a nation made anonymous sacrifices for the cause.” During his 30-minute speech on protection of Article 35 A, he made special references of Kashmir history, terming the accession “temporary.” “We will not allow anyone to snatch our identity from us. We have to safeguard our identity. We will not allow demographic change in J&K. We will strive till our struggle reaches its logical conclusion,” he said  Extending his support to the call given by joint resistance leadership, he said, “our shutdown must be writing on the wall for New Delhi that we will not allow any attack on Article 35 A.”

Jammu Kashmir Bachao Tehreek on Quashing of Article 35A | Former minister and Jammu Kashmir Bachao Tehreek (JKBT) president Abdul Gani Vakil has appealed to the people to put their political differences aside and unite in view of a legal challenge to Article 35A even as the party lent support to a two-day strike called by separatists over the issue. Article 35A of the Constitution grants special rights and privileges to the permanent residents of Jammu and Kashmir. "There is a need for the people of Jammu and Kashmir to put political differences aside and unite as it is an issue of the whole state and not just Kashmir," Vakil told reporters. He said while Article 370 has been "diluted" over the years thorough several amendments, the people of Jammu and Kashmir would not let Article 35A be tinkered with. "Our relation with the country is based on Article 370 and Article 35A. If anything is done to them, this relation will break away and the JKBT will be the first party to challenge the accession," Vakil said. He said the state was passing through a "dangerous phase" and people had apprehensions that there was a "well-planned conspiracy" in play to weaken the special status of the state.

Jammuities and Kashmir Pandits Suffering Due to Article 35A, Alleges Shiv Sena | Jammu and Kashmir president of Shiv Sena Dimpy Kohli urged BJP-led Central Government to revoke Article 35A from Jammu and Kashmir  in the best interest of the nation as well as the state, reported DailyExcelsior.com. In a statement  Dimpy Kohli said that Article 35-A is unconstitutional and illegal. It has been extended to the State by the virtue of a Presidential order and has not been passed by the Parliament, which is a necessary formality. He said political parties of Kashmir, Hurriyat Conference, is protesting not to remove Article 35A as they don’t want that Jammu and Kashmir should get the same treatment as other states are getting. Kohli said that India is one from Kashmir to Kanyakumari and all states must get the same treatment. He said Jammuities as well as Kashmir Pandits are suffering most because of this Article 35A and are not getting their due share in the development and all other projects.

Subramanian Swamy on Article 35A | Bharatiya Janata Party (BJP) leader Subramanian Swamy said Articles 35A and 370 of the Constitution are temporary laws which can be removed without a vote in the Parliament, reported news agency ANI. Swamy's statement came after National Conference leader Farooq Abdullah stated that any attempts made to thwart Jammu and Kashmir's special status would not be allowed to succeed. "He (Farooq Abdullah) is nobody to say that at all. These are all temporary laws. It's there in the Constitution. Article 370, for example, is stated to be a temporary provision which can be removed without a vote from the parliament. So he can go on saying and look foolish when it is removed. Also, he can't do anything and he has no support from the public," Swamy told ANI. On the other hand, Communist Party of India (CPI) leader D. Raja asserted that no attempts should be made to tamper with Article 35A.

Jammu and Kashmir Separatist Leader on Article 35A | Senior separatist leader and president Anjuman Shari Shian Aga Syed Hasan Almosvi Alsafvi while appealing people to observe complete shutdown called by Joint Resistance Leadership in support of Article 35A said that any move to tinker with a state subject law will create a Palestine-like situation, reported Kashmir News Service. In a statement issued to KNS, he asked the people to prepare for protests against any change in the law that bars people from outside Jammu and Kashmir from acquiring immoveable property in the state. He urged the people of Kashmir to launch a “mass agitation” if the Supreme Court delivered a verdict in favour of pleas seeking the repeal of Article 35A. He said any effort to “tinker with” a state subject law will create “a Palestine-like situation”. “A conspiracy has been hatched to change the demography of the Muslim-majority state,” he said and urged leadership to make people aware of the consequences if the state subject law was repealed. People from all corners of state will “come on the roads and resist” any attempt made to modify Article 35A,” Aga Syed Hasan said. Aga Hasan also condemned the harassment of people and random house searches.

Protest in Tral Over Article 35A Hearing | People in Tral township of south Kashmir’s Pulwama district Sunday protested against the attempts being made to abrogate Article 35-A, which grants special privileges to residents of Jammu and Kashmir, reported Greater Kashmir. People on early Sunday morning staged a protest at main town here. Carrying placards and banners, the protesters were chanting slogans against scrapping of Article 35-A. The protesters cautioned that any attempts to abrogate Article 35-A would lead to widespread protests in the valley and any fiddling with the constitutional provision would be catastrophic. The protest march later culminated peacefully.

NC Submits Memo to J&K Governor Over Article 35A Hearing | An 11-member delegation of the National Conference (NC) called on Jammu and Kashmir Governor NN Vohra on Thursday and put forth the party's concerns over the legal challenge to Article 35A of the Constitution which relates to special rights and privileges of permanent residents of the state. The delegation was led by NC general secretary Ali Mohammad Sagar, an official spokesman said. The delegates appreciated the decisions taken by the governor to streamline the administration after the imposition of Governor's Rule and raised issues relating to the security concerns of the party on account of militant attacks on its leaders and workers, as well as the growing menace of drugs among youths and the downturn in the tourism and handicrafts sectors, he said. The official said the NC leaders raised developmental issues of Srinagar city, particularly the urgent need for conservation of the Dal lake, problems of Kargil district, including unlawful constructions, encroachments on public land, and the need to ensure timely completion of the Zojila tunnel. The delegation also thanked Governor Vohra for his decision to conduct the long overdue elections to the urban local bodies and panchayats, he said. He added that the governor urged Sagar and his party members to raise awareness among people about the importance of the forthcoming elections in the state. The governor assured the delegation that he would schedule a visit to Kargil to discuss and settle all outstanding problems of the district, the spokesman said.

The petitions have been filed by NGO on grounds that Article 35A was illegally added to the Constitution of India as it was never floated before Parliament.

Debate Over Article 35A Began in 2014 | In 2014, a little-known NGO approached the Supreme Court challenging Article 35A on the grounds that it was illegally added to the Constitution as it was never floated before Parliament. In July 2017, Supreme Court lawyer Charu Wali Khanna also challenged Article 35A on the grounds that it was discriminatory towards women. “Article 14 of the Constitution gives a fundamental right to equality before law. But 35A is heavily loaded in favour of males because even after marriage to women from outside, they will not lose the right of being permanent residents,” she told the court. Her argument was that while a woman from outside the state shall became a permanent resident on marrying a male permanent resident of the state, a daughter who is born state subject will lose her permanent resident status on marrying an outsider. At this juncture, it may be important to recall a landmark judgment delivered on October 2002, by the Jammu and Kashmir High Court, which held that women married to non-permanent residents will not lose their rights, though children of such women will not enjoy succession rights.

Security in Udhampur and Ramban Ahead of Article 35A Hearing | Special check posts have been set up in Udhampur and Ramban to ensure that the movement of pilgrims does not take place on the Jammu-Srinagar highway which passes through these two districts.

JK Joint Coordination Committee of Private Schools organized peaceful protest demonstrations at Lal Chowk on Saturday to show its support to Article 35-A of the Constitution, reported Kashmir News Service. Chief Patron of the JKJCCPS Prof C L Vishen said article 35-A is the link which attaches J&K with the India and if its is repealed then Indian government has not justification of calling the State as an integral part. He said every sector and every individual is concerned about this sensitive issue which can have serious repercussion if government of India doesn’t see the aspiration of the people of the state who have vehemently opposed any move of its abrogation. President JKJCCPS Showkat M Chowdhary said some handful vested interests are behind the petition filed with the Supreme Court on article 35 A and every prudent Indian would not want that government of India would take any decision on the behest of these fringe elements. Chowdhary said every Hindu, Muslim, Sikh or of any religion and any region of this state has unequivocally supported the status quo of article 35-A which is the clear indication how serious the matter is if article 35-A is touched. He said it seams these elements want to create a Gaza like situation in Kashmir by allowing settlement of outsider here and then crushing the natives. Showkat Chowdhary said entire education sector would come on roads to resist any misadventure on fiddling with the article 35 A. 

Ahead of Article 35A hearing, former Jammu and Kashmir chief minister Mehbooba Mufti said fiddling with the state's special status would have "catastrophic ramifications" for the entire country. Her warning comes days before a Supreme Court hearing, scheduled for August 6, on petitions challenging the validity of Article 35A of the Constitution, which grants special rights and privileges to the state's residents. "Today people cutting across party lines and other affiliations are united in their fight against dilution of Article 35A. As I have already stated before, fiddling with J-K's special status will have catastrophic ramifications for the entire country," Mufti said. 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. "My father (former chief minister Mufti Mohammad Sayeed) took great pride in the special status that J-K enjoys under Article 370. He would often mention that while people of the state have made great sacrifices for larger goals, we need to safeguard what we already have," the PDP president wrote on Twitter. Protests by the separatists, business and trade bodies and civil society organisations have rocked the Valley over the past few days against petitions demanding that Article 35A be repealed. The separatists have called for a two-day strike on Aug 5-6 over the issue.

RECAP: Yasin Malik Leads JRL Protest over 35A | The Joint Resistance Leadership (JRL) organised a protest demonstration after Friday prayers at Masjid Bilal at the Polo View Bund in Srinagar against attempts to revoke Article 35A of the Indian Constitution, which grants special rights and privileges to permanent residents of Jammu and Kashmir, reported Kashmir Reader. Earlier in the day, JRL leaders Syed Ali Geelani, Mirwaiz Umar Farooq and Yasin Malik met to “deliberate on the serious challenge posed to Article 35A”, a JRL spokesman said. The Constitutional validity of Article 35A has been challenged in the Supreme Court by four petitions. The petitions are listed for hearing in the Supreme Court on August 6. JRL leader and Chairman of Jammu Kashmir Liberation Front (JKLF) Yasin Malik said at the protest demonstration at Masjid Bilal that defending Article 35A was a “matter of life and death for the people of Jammu Kashmir”. Every Kashmiri will stay indoors on these days as a mark of protest,” said Malik who was leading the protest demonstration at Polo View Bund near city centre Lal Chowk. Malik threatened that if the Supreme Court of India gave any verdict against Article 35A, the whole of Kashmir would come out on roads.

Chenab, Kishtwar Shutdown Ahead of Article 35A Hearing | Chenab valley observed a total shutdown on Sunday in response to a two-day strike call given by Joint Resistance Leadership to protest attempts at abrogation of Article 35A, a day before the case comes up for hearing in the Supreme Court. According to Greater Kashmir, the strike call was endorsed by Anjuman-e-IslamiaBhadarwah and Majlis-e-ShouraKishtwar and register their protest against any move to temper with or revoke Article 35A. The JRL consist of Syed Ali Geelani, Mirwaiz Umar Farooq, who head their respective factions of pro-freedom Hurriyat Conference, and chairman of Jammu Kashmir LiberationFront, Yasin Malik. Shops and other business establishments belonging to a particular community remained shut, however vehicular traffic plied normally. The two socio-religious bodies have come together amid fears that the Bharatiya Janata Party (BJP) was planning to revoke the special constitutional provision in an attempt to change the Muslim-majority state’s demography. In Kishtwar, shops and business establishments remained closed and transport also remain off the road as Majlis-e-ShooraKishtwar, an amalgam of local Imams and traders, supported the JRL shutdown call.

BJYM Protest in Samba Ahead of Article 35A Hearing | Bharatiya Janata Yuva Morcha (BYJM) on Sunday took out a protest in Samba's Vijaypur against "anti-people and irresponsible" statement of NC Provincial President, Devender Rana on Article 35A in the State, reported State Times. Led by Amit Dubey District President BJYM Samba, a large number of activists of BJYM assembled at Main Chowk Vijaypur and raised slogans against the National Conference Provincial President Davinder Singh and Ex Minister Surjeet Singh against their statements related to Article 35A. They also burnt the effigies of both the leaders. BJYM President Samba, Amit Dubey, while strongly condemning such insensitive statements by Devender Singh Rana, Surjeet Singh Slathia and other NC partymen, castigated them for playing politics in the name of Article 35A and warned them of befooling the people of Jammu who have voted them for their betterment. While advocating revocation of Article 35A, Dubey said that if it is not abolished now then the State has to face a disastrous future ahead as this will further give a big push to terrorist activities in the State. The BJYM President also declared that their Morcha will take such protests to every part of the State if this Article is not abolished.

IkkJutt Jammu on Quashing of Article 35A | Ankur Sharma, Chairman IkkJutt Jammu, described Article 35A as an instrument of creating a Muslim State on the territory of India and hoped that Supreme Court of India will take notice of this reality sooner or later and declare it unconstitutional, null and void, reported State Times. Sharma said that abrogation of Article 35-A is imperative in case India has to remain a democracy based on right to equality and secular polity where all religions are equal. “Article 35A is brazenly a subversive process of the Constitution of India and renders Indian democracy redundant. Article 35A is a testimony of the grim reality that Indian Constitution can be amended without the consent of the Parliament. It’s dangerous import for Indian democracy and secularism has to be recognised,” he said. “Article 35A has created a polity where all the non-Muslims in J&K become second class subject people and females become subservient to male dominance. Therefore we saw State Government taking a stand on affidavit in Supreme Court in PIL titled Ankur Sharma versus Union of India and Others that majority community i.e Muslims will continue to take all minority benefits otherwise meant for Hindus, Sikhs, Buddhists, Christians and Jains of J&K,” he stated.

The Jammu and Kashmir unit of the BJP on Sunday said the party was open to a debate over Article 35A of the Constitution, which confers special status to permanent residents of the state, as protests continued against the August 6 Supreme Court hearing on petitions challenging the provision. The apex court is hearing a batch of petitions in the matter, including the one filed by an RSS-linked NGO 'We the Citizens', seeking quashing of the article. "The BJP is open to a debate with anyone or any political party on whether or not Article 35A is in the interest of the people of the state. We are extending an open invitation," the state BJP chief spokesperson Sunil Sethi told reporters. He said over the last few days, the political climate in the state has heated up over Article 35A and some political parties, especially those active in Kashmir, have taken an "anti-national and anti-people" stand on the issue. Targeting the National Conference (NC) and the Congress, Sethi said people in the Valley are being misled over Article 35A by being told that it is for their betterment and in the interest of the state. "The continuation of Article 35A will not have any benefit for the state. The central government has pumped crores of rupees into the state over the last 70 years but the development has not been as it should have been," he said. He said Article 35A has acted as an obstacle in the state's development because it did not allow outside investment. "Investors do not come here to set up Infrastructure. The youth are not getting the jobs," he added. The BJP spokesperson alleged some politicians want to maintain the position for vote bank politics.

The Jammu and Kashmir unit of the CPI(M) on Sunday warned against attempts to tinker with Article 35A and urged the Centre to file a counter affidavit in the Supreme Court to defend the constitutional provision in the "larger national interest". Article 35A, incorporated in the Constitution by a 1954 Presidential Order, confers special status to permanent residents of Jammu and Kashmir. "Any attempt to tinker with Article 35A will have disastrous and catastrophic results. The Centre must file a strong counter affidavit in the apex court to defend the constitutional provision in the larger national interest," CPI(M) regional secretary Sham Prasad Kesar said in a statement. Addressing a party meeting, Kesar claimed that any attempt to dilute the provision would endanger the relationship of the state with the Indian Union.

An RSS-linked NGO, which has moved the Supreme Court for scrapping Article 35A that gives special rights and privileges to the Jammu and Kashmir natives, on Sunday said it would seek hearing of its plea by a Constitution bench. There is no need to defer the hearing again We are going to tell the Supreme Court through our counsel tomorrow that our petition on Article 35A should be decided by a Constitution bench, Chetan Sharma, convener of the J&K chapter of the civil society 'We the Citizens', told reporters. The Article 35A, which was added to the Constitution by a 1954 Presidential Order, accords special rights and privileges to the permanent residents of Jammu and Kashmir and denies property rights to a native woman who marries a person from outside the state. It also bars people from outside the state from acquiring any immovable property in the state. The main petition demanding scrapping of the Article 35A was filed before the apex court in 2014 by Delhi-based NGO 'We the Citizens'.  The state government has filed an application to the Supreme Court's registrar, informing him that it is going to seek adjournment of the hearing of the petition in view of the "ongoing preparations for the upcoming Panchayat and urban local body elections in the state". We are ready for an argument. Those who want an argument over it should come forward. How long will it be deferred? Delaying the judgment is not the solution, Sharma said. Without naming anyone, he said the NGO was also approached by "certain persons" to seek deferment of the case. We want an argument over the issue. We have filed the main petition seeking revocation of the article 35A and eight petitions were filed jointly against our petition in the Apex court, he said.

Was the Action of President Beyond His Powers? |  Article 35A was incorporated into the Constitution in 1954 by an order of the then President Rajendra Prasad on the advice of the Jawaharlal Nehru Cabinet. The parliamentary process of lawmaking was ignored when the President incorporated Article 35A into the Constitution.  Article 368 (i) of the Constitution empowers only Parliament to amend the Constitution.  A five-judge Bench of the Supreme Court in its March 1961 judgment in Puranlal Lakhanpal vs. The President of India discusses the President’s powers under Article 370 to ‘modify’ the Constitution. Though the court observes that the President may modify an existing provision in the Constitution under Article 370, the judgment is silent as to whether the President can, without the Parliament’s knowledge, introduce a new Article. This question remains open.

National Conference, CPI (M) have also sought to be heard in Article 35A matter. They have moved their intervention applications in Supreme Court. The state government has also filed an application before the Registrar of the Supreme Court, informing that it is going to seek adjournment of the hearing of the petition in view of the "ongoing preparations for the upcoming Panchayat and urban local body and municipal elections in the state".

PDP on Article 35A | Senior PDP leader and party’s chief spokesperson Rafi Ahmad Mir has warned of dire consequences if Article 35 A is tinkered with, reports Greater Kashmir. In a statement Mir said that Jammu and Kashmir acceded to the union after negotiating the terms and conditions and 35 A forms the basis of the same. “If this Article is repealed it will put question mark at Article 370 and all the presidential orders extended to Jammu and Kashmir,” he added. Mir said that the state’s accession to the Indian union and its special status are “two sides of the same coin and questioning the special status of J&K will put a question mark on the accession itself, like Article 370, Article 35A was negotiated between the princely state of J&K and the Government of India and it is the bedrock of accession,” he added.  Mir said, “Kashmiri youth are already disillusioned with the mainstream politics and any misadventure with Article 35 A will generate a political storm in J&K regardless of people’s political affiliations, we don’t want the state to burn.” He said that PDP has always stood for safeguarding of state’s special status and the party president Mehbooba Mufti is on record to reiterate that demand on the floor of the house and today also the party would continue to bat to safeguard J&K’s special status.

Apolitical Board of Islamic Education on Article 35A | Raabitah-e-Madaaris-e-Islaamiyyah Arabiyyah (RMIA), Jammu & Kashmir on Sunday said that attempts to scrap Article 35A have caused great anxiety among the residents of Jammu and Kashmir, stated Greater Kashmir. In a statement issued here, RMIA, “a non-political board of Islamic education”, said that as Article 35A grants special status to Jammu and Kashmir, so the public concern is quite “natural”. Raabitah-e-Madaaris J&K said Raabitah-e-Madaaris-e-Islaamiyyah Arabiyyah (RMIA) Jammu & Kashmir (RMIA) is such a Board of Islamic Education which is apolitical in nature. “This is a sensitive matter for the people of Jammu and Kashmir as this article safeguards the special status of J&K, and scrapping it would set a dangerous precedent,” the statement said. The board said: “In response to every such step which will challenge Article 35A or which will jeopardize the special status of J&K, exercising the responsibility to defend it while maintaining unity at every level is necessary for the residents of J&K.”

A 14-member group of senior lawyers from the Bar Association will appear before the Supreme Court on Monday to oppose the petitions seeking the scrapping of constitutional provision. However, Jammu Bar Association has prepared a team of senior advocates to appear in the Court in support of the petitioners seeking annulment of Article 35A. According to Greater Kashmir, In the affidavit filed by Jammu and Kashmir state in 2015, it has sought dismissal of the petition, reasoning that the issue has already been settled by the apex court in its two earlier judgments. Contrary to the expectations of J&K state, New Delhi has refused to take a stand on the issue and told the Court it wants a “larger debate” on the Article as part of the Indian constitution. "Learned Attorney General, representing the Union of India, states that a conscious decision has been taken not to file any counter-affidavit in this case because the issues, which are raised for adjudication, are pure questions of law,” reads the record note of proceedings of the case on July 17, 2017. Apart from the entire spectrum of political groups, with the exception of "ruling Hindu nationalist BJP", the Kashmir Bar Association has also filed an application in the Apex Court for impleading itself as intervener in the case.