Three-judge SC Bench to hear Article 35A issue

Will study if it is violative of basic structure of Constitution
Chief Justice of India Dipak Misra on Monday orally observed that the Supreme Court will consider whether Article 35A, which gives special status to the State and people of Jammu and Kashmir, is violative of the basic structure of the Constitution.
Basic structure is a collective term coined by a 13-judge Bench in the historic Keshavananda Bharati case to include a catena of fundamental rights, including right to equality, non-discrimination, liberty, life and dignity, enshrined and preserved in the Constitution.
Plea for adjournment
The Centre, represented by Attorney-General K.K. Venugopal, persisted that the case should be adjourned as an interlocutor is carrying on dialogue with the State’s stakeholders. The State of Jammu & Kashmir, represented by Additional Solicitor General Tushar Mehta, sought an adjournment citing the “ongoing preparations for the upcoming panchayat/urban local body and municipal elections in Jammu and Kashmir”.
“The challenge to Article 35A is being heard by a three-judge Bench. The three-judge Bench will determine whether the case should be referred to a Constitution Bench. Today, as you see, the other judge is absent and so we have to hear the case another day,” Chief Justice Misra addressed the petitioner lawyers, who objected to an adjournment. The Bench posted the case for hearing in the week commencing August 26.
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