The Supreme Court of India (File) The Supreme Court of India (File)If Article 35 A relating to special rights and privileges of the citizens of the Jammu and Kashmir is ultra vires of the Constitution or if there is any procedural lapse, the issue may be dealt with by a five-judge constitution bench, the Supreme Court indicated today. “If this matter requires to be heard by a five-judge constitution bench, then the three-judge bench which will hear the matter may refer it,” the bench said. The apex court was hearing a plea filed by Charu Wali Khanna challenging Article 35A of the Constitution and Section 6 of the Jammu and Kashmir Constitution which deal with the “permanent residents” of the state. The plea has challenged certain provisions of the Constitution which deny property right to a woman who marries a person from outside the state. In a related matter filed by Delhi-based NGO ‘We The Citizens’ challenging Article 35A of the Constitution, a bench headed by the Chief Justice had referred the case to a larger bench.

Source: Indian Express August 14, 2017 06:56 UTC