Supreme Court adjourns till August 27, know the legal aspects
Supreme Court adjourns till August 27, know the legal aspects
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Supreme Court terminate hearing petitions provocative the validity of Article 35A which authorize J&K state's legislature to define abiding residents of the state and provide specific rights to them. SC will hear the matter on August 27.

This is the argument behind the removal of Article 35A

The NGO, who is applying for Article 35A, says that they will appeal to the Supreme Court to form a constitutional bench for hearing the matter. The biggest argument for the removal of Article 35A is that it has not been implemented through Parliament. Rather, the President imposed it forcibly.

The second major argument is that when a large number of people came to India from Pakistan during the partition of the country. Of these, lakhs of people had also settled in Jammu and Kashmir, but because of Article 35 A, they were all stripped of their right to be a permanent resident. Hence, lakhs of people are mostly from the Hindu-Sikh community.

What is the legal aspect of it?

1. In 2014, an NGO named 'We the Citizens' applied for the Supreme Court.

2. The validity of Article 35A and Article 370 of the Constitution was challenged in this petition.

3. It was argued that there was no mention of such a special status of Kashmir when making the Constitution.

4. The four members of the Constituent Assembly who draft the constitution were from Kashmir.

5. Article 370 was a temporary provision, which was then brought to strengthen the situation and democracy.

6. Constitution makers did not think that provisions like Article 370 will be added in the name of Article 37A.

7. Article 35A lays over which connects the entire country with Jammu and Kashmir.

8. There is no right to the citizens of other states in Jammu and Kashmir which against the basic rights of the constitution.

Also Read:

What is Article 35A? Here's all you need to know about it

SC to conduct hearing regarding article 35-A on Monday

 

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