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news details
Abrogation of Article 370 in J&K: Constitution bench to begin hearing from December 10
11/14/2019 1:04:36 PM
NEW DELHI: The Constitution Bench of the Supreme Court will begin hearing a batch of petitions challenging the abrogation of Article 370 and the reorganisation of the state of Jammu and Kashmir into two Union Territories (the ‘Abrogation-Reorganisation Petitions’) from December 10.

The matter was listed for hearing on Thursday but the top court postponed the hearing in the case till December 10.

It may be recalled that a batch of petitions had been filed in the top court by leading Kashmiri politicians and activists challenging the Centre's August 5 move to abrogate Article 370 that gave special status to the former state of Jammu and Kashmir.
In its October 24 order, the Supreme Court had said that the petitions challenging the validity of provisions of Article 370, which was abrogated by the Centre on August 5, and Article 35-A would be dealt with by its 5-judge Constitution bench which is hearing the Kashmir matter
The five-judge constitution bench had on October 1 given four weeks to the Centre and Jammu and Kashmir administration to file counter-affidavits on the petitions and had also put an embargo on filing of any fresh writ petition challenging the constitutional validity on abrogation of Article 370.

Some of the petitioners had then told the constitution bench that they have filed pleas challenging the existence of provisions of Articles 370 and 35-A according special status to J&K before the Centre came out with the decision to abrogate them.

NGO ‘We The Citizens’ had filed a petition in the apex court in 2014 challenging the constitutional validity of Article 35A. Later, six other pleas were filed in the top court on the issue.

The top court had then dismissed the pleas and directed the petitioners to move the high court.

Article 35A, which was incorporated in the Constitution by a 1954 Presidential Order, accorded 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 denied 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 applied to their heirs.

However, after the Centre's move to scrap the Article 370, the provisions of Article 35A became null and void and all central rules became applicable in J&K afte it was formally split in two Union Territories on October 31.
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