J-K to Respond on Petition Challenging Article 35 (A)

SRINAGAR: The J&K government has decided to file its response to the petition challenging the Constitutional incorporation of Article 35 (A) after thorough deliberation by the political leadership and its legal experts, media reports said on Tuesday.

The petition was filed by – We the Citizens – a NGO based in Delhi in 2014 in which Article 35 (A) was challenged. 

Earlier, the J&K government had sought time before the Supreme Court to file its objections. The petition was put before the Supreme Court registry on Monday.

Quoting J&K Law Secretary, Mohammad Ashraf Mir The Indian Express reported  that  the state Govt has decided to file objections adding the decision was taken 

At a close door meeting which was attended by Law Minister Bashaarat Bukhari, Advocate General, Law Secretary and some senior legal experts.

Keeping in view the sensitivity of the issue, it was also decided that J&K’s political leadership will also be taken into confidence before the response will be submitted.

Over, the Article 35 (A), coalition partners, BJP and the PDP have different opinions. While the BJP, RSS and its affiliates have been opposing article 35 (A) and article 370, the opposition, Congress and other mainstream parties have already said that this article can’t be challenged.

The petition challenging the validity of Article 35 (A) had come up before a double bench in August 2014.

Article 35 (A), bars non-residents of J&K from buying land or property in the state. It also bars non-residents from getting a government job or voting rights in the state assembly. Some time ago, J&K Study Centre – a RSS backed think tank group had also said they are planning to challenge the constitutional status of 35 (A) in the Supreme Court. Agencies

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