One of them even complained that J&K is virtually shutdown before every Supreme Court hearing. To this, Chief Justice Misra said the challenge is to a provision, Article 35A, which has been implemented for over 60 years and the petitions were filed only in 2014.
The Chief Justice said the case has progressed to the extent of the question of reference by a three-judge Bench to a Constitution Bench.
Article 35A gives the Jammu and Kashmir State Legislature complete authority to decide the ‘permanent residents’ of the State and grant them special rights and privileges in State public sector jobs, acquisition of property within the State, scholarships and other public aid and welfare programmes. The provision mandates that no act of the State legislature, coming under the ambit of Article 35A, could be challenged for violating the Constitution or any other law of the land.
One of the main writ petitions has been filed by the NGO, We the Citizens, which argues that Article 35A is against the “very spirit of oneness of India” as it creates a “class within a class of Indian citizens”. Restricting citizens from other States from getting employment or buying property within Jammu and Kashmir is a violation of fundamental rights under Articles 14, 19 and 21 of the Indian Constitution.
Source : https://www.thehindu.com/todays-paper/tp-national/three-judge-sc-bench-to-hear-article-35a-issue/article24618778.ece
Three-judge SC Bench to hear Article 35A issue