SC defers hearing on Article 35A

Article 35A Center tells SC that Interlocutor discussing JK’s ‘special rights

Article 35A of the Constitution, which avers special rights to the state as far as permanent residency and landholding in the state is concerned, seems to have come in the way of educational benefits that accrues through special entrance exam for higher education, such as NEET.

The Centre and the J&K government on Monday advocated a cautious approach to dissuade the Supreme Court from passing any interim order on petitions challenging provisions of the Indian and Jammu & Kashmir Constitutions which "discriminated" against Indians vis-a-vis state subjects.

Attorney-general K.K. Venugopal appearing for the Centre told a three-judge bench of Chief Justice Dipak Misra and Justices A.M. Kanwilkar and D.Y. Chandrachud that any order passed by the court at this stage would have repercussions.

Dineshwar Sharma, former director of the Intelligence Bureau (IB), was appointed the Centre's interlocutor for J& K on October 23 previous year.

"Your lordships have seen what is happening in Kashmir". The interlocutor is in the process of discussing it... "I don't think it needs to be heard now", the A-G told the bench, seeking more time. However, the bench asked the parties to complete pleading in the petition and posted the matter for final hearing on August 6.

The main petition was filed by a Delhi-based NGO "We the Citizens" in 2014.

Four petitions have been filed, demanding scrapping of Article 35A in Jammu and Kashmir.

Watch the new trailer for Mission: Impossible - Fallout called "Payoff"
The same could be said for most Mission: Impossible sequels, but it bears repeating: the stakes have never been higher. It's directed by Christopher McQuarrie , who previously helmed 2015's Ghost Protocol .

No diesel for new Volvo S60 saloon
Instead, they will be available as either a mild petrol hybrid, plug-in petrol hybrid or battery electric vehicle. Volvo has pledged that it won't launch any new diesel models, starting with the new S60 saloon and V60 estate .

Couples who divorce to share what they accrued together
The court said the law talks of parties to a marriage, which means both men and women, and does not specifically refer to women. FIDA had argued that the provision promotes inequality between spouses and indirectly discriminates against women.

Senior advocate Shekhar Naphade, also representing the state, said that since 1927, the position in this regard was clear and it can not be decided like this.

"It is also a sensitive issue, but it is also the matter of life of people who have been forced to leave", the counsel said.

Petitioner said Article 35A was a violation of the fundamental right of equality under Article 14.

It challenges that Article 35A is against the "very spirit of oneness of India" as it creates a "class within a class of Indian citizens".

Article 35A also empowers the state's legislature to frame any law without attracting a challenge on the ground of violating the right to equality of people from other states or any other right under the Indian constitution.

In the case, the high court had, by a majority view, held that a daughter of a permanent resident of Jammu and Kashmir marrying a non-permanent resident will not lose the status of a permanent resident.

Parliament was not consulted when the President incorporated Article 35A into the Indian Constitution through a Presidential Order issued under Article 370.

Related news:

Hot News

isis-killer-beheading-video-story-top OnePlus OxygenOS Open Beta update out for OnePlus 5 and 5T
May 16, 2018 - 13:28
The OnePlus 6 will cost more than the current OnePlus 5T , which was recently updated to Android 8.1 Oreo operating system. If someone sends a group MMS chat to you, each message from each member shows up as a different thread on your phone.

isis-killer-beheading-video-story-top Borderlands 3 E3 Speculation Potentially Shut Down by Gearbox
May 16, 2018 - 13:28
You can read the whole thread if you want, but here's the important tweet that actually relates to what you ought to know. Gearbox Software will have other titles to show off to gamers during the conference next month.

isis-killer-beheading-video-story-top Europe, Iran seek to save nuclear deal after United States pullout
May 16, 2018 - 13:25
Germany is ready to help 120 of its firms to keep doing business with Iran , German Economy Minister Peter Altmaier said on Friday.

isis-killer-beheading-video-story-top Everton end ties with Allardyce
May 16, 2018 - 13:20
Marco Silva is the strong favourite to replace him at Goodison Park, with Eddie Howe and Paulo Fonseca also linked. Everton, who were 13th in the Premier League when Allardyce arrived, finished the season in eighth '.

isis-killer-beheading-video-story-top Verizon names Los Angeles as 5G city
May 16, 2018 - 13:19
Verizon says it will launch fixed 5G access in three to five U.S. cities by the end of the year. Verizon first announced its plans in early 2018 to begin bringing 5G to the masses.

isis-killer-beheading-video-story-top Paddy Power to buy New York-based fantasy sports site
May 16, 2018 - 13:13
Paddy Power Betfair plc (LON:PPB) gained on Wednesday as it confirmed it is in talks to acquire United States daily fantasy sports company FanDuel .

What Analysts Have to Say About Rite Aid Corp (RAD)?
May 16, 2018 - 13:07
Investors who are keeping close eye on the stock of Myomo, Inc. ( NYSE :OHI) earned "Hold" rating by Jefferies on Monday, June 26. More detail-oriented stock traders might be keeping tabs on another metric: the Williams Percent Range or Williams %R.

isis-killer-beheading-video-story-top Geode Capital Management LLC Sells 57696 Shares of Sears Holdings (SHLD)
May 16, 2018 - 12:42
The expected future increase in earnings per share ("EPS") is an incredibly important factor.in identifying an under-valued stock. The ideal time to buy a stock is usually when it is trading at a substantial discount to its target price.

isis-killer-beheading-video-story-top Mr Narendra Modi, you were absolutely right! Congress on PPP mode
May 16, 2018 - 12:42
The prices were increased two days after the Karnataka Assembly elections. "Anybody can dream and dreams would only come true if you dream.

isis-killer-beheading-video-story-top Manhattan DA says he'll stop prosecuting pot possession
May 16, 2018 - 12:42
Defense lawyers have questioned why the policies under consideration carve out exceptions for people with criminal histories. Vance said it's part of a new effort to reduce inequality and unnecessary interactions with the criminal justice system.

isis-killer-beheading-video-story-top Honda Amaze launched at ₹5.59 lakh
May 16, 2018 - 12:40
The new Honda Amaze 2018 is based on a all-new platform and the kerb weight of the compact sedan stands between 905kg and 1,039kg. The new-gen Honda Amaze will be a direct rival to the hot-selling Maruti Dzire and the upcoming Ford Aspire facelift.

isis-killer-beheading-video-story-top Supreme Court acquits Navjot Singh Sidhu in 1988 road rage case
May 16, 2018 - 12:05
A trial court had acquitted him and another of murder, but the HC reversed the verdict and awarded them three-year jail terms. Sidhu, also, will not be spending any time in jail, with the top court imposing a fine on him, according to reports.

isis-killer-beheading-video-story-top Son crashes marriage proposal by peeing behind dad's back
May 16, 2018 - 12:02
All couples wish for perfectly-planned proposals , but no one knows what can go wrong at the last minute. She said he just goes without telling anyone it's happening - which is exactly what happened on Saturday.

isis-killer-beheading-video-story-top Pocket pinch: Fuel prices hiked again across India within 19 days
May 16, 2018 - 11:53
The centre had cut excise duty on petrol and diesel by Rs 2 per litre in October last year for the first time in four years. Kuku Marwaha, President of Nagpur Truckers Unity, said that the transporters were bearing the brunt of high fuel prices.

isis-killer-beheading-video-story-top Will Meghan Markle's father skip the royal wedding?
May 16, 2018 - 11:51
Markle secretly hired an LA-based paparazzi to take "candid" photos of him preparing for the big day, it was revealed this week. Kensington Palace issued a statement Monday following a report Meghan Markle's father wont attend her wedding to Prince Harry .