Pleas on Article 35A could be referred to Constitution bench

The Supreme Court on Monday indicated that a batch of petitions pertaining to Article 35A, which provided special rights to the citizens of Jammu and Kashmir, would be referred to the Constitution bench.

"We really feel the issue should go to the five-judge constitution bench, but that has to be decided by a three-judge bench. If Article 35A violates the basic structure of the Constitution or if it ultra vires to the procedure, then the issue may be dealt by a five-judge bench," a bench of Justices Dipak Misra and A M Khanwilkar said.

The court was hearing a petition by Dr Charu Wali Khanna challenging constitutional validity of Article 35A. The provision, inserted into the Constitution by a Presidential Order in 1954, accorded special rights and privileges to Jammu and Kashimir citizens and denied property right to a woman who married a person from outside the state.

Additional Solicitor General P S Narasimha informed the bench that a similar prayer challenging Article 35A exists in another plea filed by a Delhi-based NGO 'We the Citizens' which has been referred to a three-judge bench.

The court agreed to his request that Charu's petition should be tagged along with the pending writ petition for consideration by a three-judge bench tentatively on August 29.