Top court to decide on petition regarding article 35A, heres more

The country’s top court said today that it would take a decision on listing of a petition challenging the constitutional validity of Article 35A.

The article 35A goes ahead and provides special rights and privileges to permanent residents of Jammu and Kashmir.

Advocate Bimal Roy had mentioned the matter before the bench headed by Chief Justice Ranjan Gogoi and also comprising Justices L Nageswara Rao and Sanjiv Khanna.

He sought an urgent hearing of the petition that has been filed by NGO ”We The Citizens”.

Article 35A, which was incorporated in the Constitution by a 1954 Presidential Order, accords special rights and privileges to the residents of Jammu and Kashmir and bars people from outside the state from acquiring any immovable property in the state.

Article 35A denies property rights to a woman who marries a person from outside the state.

The provision, which leads to such women from the state forfeiting their right over property, also applies to her heirs.

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