On April 8, the collegium headed by Chief Justice of India Ranjan Gogoi had recommended the name of Justice Nath for elevation as chief justice of the Andhra Pradesh High Court. (File Photo)The Centre's decision to dispatch additional forces to Kashmir has given fresh cause to speculate that Article 35A of the Constitution, which confers special rights to the permanent residents of Jammu and Kashmir, could be revoked.
The law that defines the permanent citizens of the state extends Indian citizenship to them and allows the state legislature to extend special privileges to them is currently under challenge before the Supreme Court. However, the challenge does not preclude the Centre from bringing in a new law on the issue.
READ | As more troops arrive, parties in Valley warn: Don't touch Article 35A
Seven separate petitions have challenged the constitutional validity of Article 35A before the Supreme Court. The first one was filed in 2014 by We the People, an NGO. It argues that the Constitution (Application to Jammu and Kashmir) Order, 1954 which introduced Article 35A lacked legal force. Other petitions challenge the law on the ground that it violates the rights of refugees from West Pakistan and discriminates against women of Kashmiri origin who have married outside the state.
The provision impedes citizens from other parts of the country from settling permanently in J&K, buying property in J&K and taking up state government jobs.
The petitions…
