July 16, 2019
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SC to decide whether to refer the issue of Article 35A to constitutional court or not

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The Article 35A, which grants special status to the Northernmost of Jammu and Kashmir, has been at the centre of conflict in several issues. There is a prominent allegation prevail in the nation that the aforesaid article disturbs the basic structure of the Indian constitution. In the recent past, the issue has reached the highest court of India.

The article offers special rights to the legislative assembly of Jammu and Kashmir to decide who all are the citizens of the state and who have the right to own property, get reservation in government jobs and avail social welfare support in the state, and stipulates that the special rights exercised by the state shall not be challenged with the support of the constitution or any other law framework of the country.

At present, a top bench of the Supreme Court, headed by Chief Justice Dipak Misra, is considering whether the issue of Article 35A shall be referred to the special constitutional bench or not.

There is no doubt that what the top court of the country is studying at this moment is very sensitive. The nation is likely to witness several serious debates over the issue in the near future.

Does the controversial article violate the basic stricture of Indian constitution?    

 

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