x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   Elections 2019: BJP Will Make Efforts to Repeal Article 370, Says Manohar Lal Khattar | Trading in red chili, mangoes, herbs to hit after cross LoC trade shut | Names Of Kashmiri Pandits Found Missing From Electoral Rolls Of Srinagar Constituency | Shooting stones disrupt Kashmir highway on 2nd consecutive day | Train service resumes in Kashmir valley | Grenade attack on police station in Kulgam | Jaish-e-Mohammad 'threatens' to blow up railway stations in Punjab, Rajasthan, Uttarakhand | Voting fervour continues for 2nd phase of polls in J&K | DB extends six weeks time to complete enquiry | DB directs JMC, JDA to file status report regarding action taken against encroachers | Migrant Kashmiri Pandits protest on finding names missing from electoral rolls | Omar hopes Centre, Election Commission soon hold Assembly polls | Rajouri police destroy poppy straw cultivation | Couple in wedding attire reaches polling booth to vote | Governor must intervene to check open loot of Pvt Schools: Dogra Sangathan | Gang using fake gun for robberies busted in Sopore, says Police | Police recover 10 grams heroin | CDE programme conducted at Institute of Dental Sciences Sehora | BGSBU organizes Lamp Lighting Ceremony | Presiding officer among two officials suspended in Kishtwar | Normal life affected due to strike in Srinagar Lok Sabha constituency | Polling for Doda-Udhampur-Kathua LS seat concludes | Drug peddler arrested, charas recovered | Special cancer awareness programme held at State Judicial Academy | Residents of Nuner village pledge 'not to vote' at militant's funeral | No vote Cast in 90 booths in Srinagar Lok Sabha seat | JKOA discusses sports related issues | Will the State Govt employees listen to Govt's directive? | Protecting our heritage & Cultural Sites | Influential RDD clerk occupies AEE's accommodation, withdraws HRA | NC, PDP fighting for survival | Geelani makes Kashmir issue family affair, condemns NIA notice to son | DSS a Hole in Jammu BJP boat | Defeating terror threats, Kishtwar District witnessed 66% voter turn out | Threats by stone pelters, militants keep people away from polls | Governor presented "Jammu & Kashmir-Essays in Society, Culture and Politics" | BJP, Congress make UT a major poll plank | J&K records 45.7 percent voter turnout in second phase: CEO | Relative cheats Kathua rape victim's family of Rs 10 lakh | PDP's sellout responsible for losses in valley: G.A. Mir | Miscreants resort to stone pelting, SF exercise restraint | DH Pooch without skin, ENT specialist | DPS celebrates World Heritage Day | Himalayan heritage museum observe world heritage day | Paresh Bhat gets state award | CEO Bharti AXA honoured Tarun Sharma | Workshop on POCSO conducted at Jodhamal | World Heriatge Day: Sanskritians visit Dogra Art Museum | NSS camp concluded | Heritage Celebrates World Heritage Day | Havan performed at DCCPS | AMHSS celebrates Good Friday, Easter Day | Majority boycotted, few voted | Ban on smoking observed in breach | Cross LoC trade suspended via Salamabad, Chakan-da-Bagh in JK | Amid protests, shutdown LS polls held in Srinagar, Udhampur witnesses overwhelming voter turn out | Kupwara doctor suspended for refusing ambulance to pregnant lady | Some workers attack AIP youth leader in Bhaderwah | Leaking pipes cause water crisis in Surankote | School building constructed under SSA scheme unsafe | Drug peddler arrested in Sopore | Selection for the Indian team in 19th South Asian Karate championship | Seminar on non-violence, communal harmony organized | Orientation programme for Rehbar-e-Khel teachers' organized | Not to fiddle with legitimate scholarship of STs, Pahari students: Dr Shazad to Govt | IGNOU organizes induction meet | KVK Reasi organizes field day on wheat crop | General observer reviews poll preparedness in Shopian | Expenditure observers review monitoring mechanism in Pulwama | Training for Noorababad, Devsar poll staff today | Talwara, migrants denied right to vote in elections | Congress condemns arrest of CPIM secretary, seeks re-poll at 2 polling stations | JK treasure trove of distinct cultures, heritage: Advisor Ganai | Power shut down | 8 candidates file nominations for Ladakh PC | Back Issues  
 
news details
Article 35A: Farooq criticises ASG's stand in Supreme Court
9/2/2018 10:48:08 PM
Early Times Report

Srinagar, Sept 2: National Conference president Farooq Abdullah Sunday denounced Additional Solicitor General of India (ASG) for saying in the Supreme Court that "there is an aspect of gender discrimination" in Article 35A of the Constitution.
The Lok Sabha member from Srinagar was reacting to the stand taken by the ASG Tushar Mehta in the apex court last Friday.
During the hearing, the ASG agreed to the contention that Article 35A and certain aspects needed to be debated upon and said, "It can't be denied that there is an aspect of gender discrimination in it (Article 35A)".
"Such a statement, if made before the SC on behalf of Jammu & Kashmir government indicates that instead of defending Article 35-A and asking for the challenge to be dismissed based upon earlier constitution bench judgment, the state government has virtually conceded before the SC that some parts of Article 35-A deserve to be struck down," Abdullah said in a statement.
He also expressed concern that the Advocate General of Jammu and Kashmir has been virtually sidelined and made to take a back seat in such a sensitive litigation concerning the unique legal history and constitutional status of the state of Jammu and Kashmir under Section 42 of the constitution of Jammu and Kashmir.
"The Advocate General is appointed for state and is obligated to represent and defend the interests of the people of the state. He is the constitutional authority and a guardian of the interests of the people of Jammu and Kashmir before all courts," Abdullah said.
He asked the government of J&K to take immediate steps to ensure that the state does not facilitate the striking down of Article 35-A by its subtle support and admissions made before the Supreme Court.
Last Friday, the Supreme Court deferred till January next year the crucial hearing on pleas challenging the constitutional validity of Article 35 A, which provides special rights and privileges to the natives of Jammu and Kashmir, after the Centre and the state said that polls to local bodies polls there would go on till December.
A bench headed by Chief Justice Dipak Misra was told by Attorney General K K Venugopal and ASG Tushar Mehta, representing the Centre and Jammu and Kashmir government respectively that the issue of Article 35A was "very sensitive" and keeping in mind the law and order aspect, the hearing be held in January or March, 2019.
Article 35-A, which was incorporated in the Constitution by a 1954 Presidential Order, accords special rights and privileges to the citizens of Jammu and Kashmir and bars people from outside the state from acquiring any immovable property in the state.
It 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 their heirs.
During the hearing, a lawyer gave an illustration and said if a native woman of the state married an outsider, she loses several rights, including property rights, in the state, but if a man marries a Pakistani women, he and his spouse both get all the rights.
The ASG, however, agreed to the contention that Article 35A and certain aspects needed to be debated upon and said, "It can't be denied that there is an aspect of gender discrimination in it (Article 35A)."
On August 6, the apex court had said that a three-judge bench would decide whether the pleas challenging Article 35A should be referred to a five-judge constitution bench for examining the larger issue of alleged violation of the doctrine of basic structure of the Constitution.
Several petitions including by political parties like the National Conference and the CPI-M, have also moved the Supreme Court in support of Article 35-A that empowers the state assembly to define "permanent residents" for bestowing special rights and privileges to them.
An NGO, 'Ikkjut Jammu', has also filed a plea seeking quashing of the provision. It has said that Article 35-A furthers the "two nation theory which is against the theory of secularism".
The state government, while defending the Article, had cited two verdicts of the constitution benches of the Supreme Court in 1961 and 1969, which had upheld the powers of the President under Article 370(1)(d) of the Constitution to pass constitutional orders.
  Share This News with Your Friends on Social Network  
  Comment on this Story  
 
 
 
Early Times Android App
STOCK UPDATE
  
BSE Sensex
NSE Nifty
 
CRICKET UPDATE
 
 
 
 
 
 
 
 
   
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
 
 
J&K RELATED WEBSITES
J&K Govt. Official website
Jammu Kashmir Tourism
JKTDC
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
UTILITY
Train Enquiry
IRCTC
Matavaishnodevi
BSNL
Jammu Kashmir Bank
State Bank of India
PUBLIC INTEREST
Passport Department
Income Tax Department
JK CAMPA
JK GAD
IT Education
Web Site Design Services
EDUCATION
Jammu University
Jammu University Results
JKBOSE
Kashmir University
IGNOU Jammu Center
SMVDU