Article 35A empowers the J&K legislature to define the 'permanent residents' and their special rights and privileges.
New Delhi: Supreme Court on Monday listed the hearing of pleas challenging the constitutional validity of the Article 35A (relating to the special rights and privileges enjoyed by Jammu and Kashmir) for this week from Feb 26-28.
Petitions question the validity of Article 35 A, which is often considered critical for peace, law and order in Jammu and Kashmir.
The much-debated Article 35A of the Constitution empowers the J&K legislature to define the state's 'permanent residents' and their special rights and privileges.
It was added to the Constitution through a presidential order of 1954.
The law prohibits non-permanent residents from a permanent settlement in the state, acquiring immovable property, government jobs, scholarships, and aid.
Some also argue that the Article is discriminatory against J&K women as it rules out their state subject rights if they married non-permanent residents.
Ahead of the hearing, former Jammu and Kashmir CM has warned the government of India before taking any decision on the controversial Article 35 A.
In a series of tweet, Mufti said that those calling for its removal shouldn't blame Kashmiris for the developments that will follow after such a hare-brained decision.
Valley rife with speculation about status of Article 35. Before taking a decision, GoI must consider-— Mehbooba Mufti (@MehboobaMufti) February 24, 2019
1. J&K was the only Muslim majority state that chose a secular India over Pak during partition.
2. Article 370 is the constitutional connection between J&K & Indian Union.
3. Instrument of accession is contingent on Article 370 which is inextricably linked to Article 35 A.— Mehbooba Mufti (@MehboobaMufti) February 24, 2019
4. Any tampering will render Treaty of Accession null & void.