Three men, one Hindu and two Muslims, from Kotranka, Rajouri have submitted an application in the Supreme Court seeking the intervention in the matter to seek the dismissal of a bunch of petitions challenging the Article 35A that protects state subject laws and special privileges granted to the permanent residents of the state.
“The proposed interveners are seeking dismissal of the petitions challenging Article 35A,” Mohit Choudhary, who is appearing on behalf of the applicants in the Apex Court.
Since 2014, as many as five petitions have been filed in the Apex Court by different groups to seek the annulment of the constitutional provision that was incorporated in the Constitution of India through a presidential order in 1954.The petitions would come up for hearing in the week starting from August 27.
The applicants from Rajouri have sought the intervention in the case on the grounds that the issue concerns all the permanent residents of J&K, including them.
In the application, the proposed interveners have invoked the instrument of accession, Article 370, 1952 Delhi agreement and different judgments to defend the Article 35A. “The state is empowered, both in the Instrument of Accession and the Article 370, to decree exceptions to any extension of the Indian Constitution to the state, other than in the matter of ceded subjects. So Article 35A is seen as an exception allowed by the Article 370, clause (1)(d),”reads the application.
The applicants have also invoked the speech made by India’s first Prime Minister Jawahar Lal Nehru in the Lok Sabha in 1952.
“The State legislature shall have power to define and regulate the rights and privileges of the permanent residents of the State, more especially in regard to the acquisition of immovable property, appointments to services and like matters,” Nehru is quoted as having told the Parliament.