Article 35A of the Indian Constitution is in the Supreme Court. The piece of legislation that confers certain rights and privileges on the residents of Jammu and Kashmir will face scrutiny.
Incorporated in the Constitution by a 1954 Presidential order, Article 35A confers special rights and privileges upon the citizens of Jammu and Kashmir and prohibits people from outside the state from buying or purchasing any immovable property in the state. Article 370 of the Indian Constitution is an article that gives autonomous status to the state of Jammu and Kashmir.
Supreme Court has received petitions saying that Article 35A is an amendment which needs . Senior Advocate and Former Advocate General of Jammu and Kashmir, Jahangir Iqbal Ganai opposed this by saying that “petition is flawed as the President never amended the Constitution as this article was merely an exception.” He added that it was not an amendment as it is not a part of the Indian Constitution; it is a part of the India Constitution that was for Jammu and Kashmir. A petition has also been filed by Supreme Court Lawyer Charu Wali Khanna saying Article 35A was discriminatory against women.
The Supreme Court adjourned the hearing on petitions challenging the validity of Article 35A of the Constitution to January next year.