Supreme Court defers Article 35A hearing till January as state cites local polls, law and order problem

The Supreme Court on Friday deferred hearing of a slew of petitions which have challenged the constitutional validity of Article 35A to January at the request of the state of J&K which cited the impending eight-phase local polls and the law and order problem there.

Article 35A was inserted into the constitution by a presidential order in 1954. The petitioners have argued that it was unconstitutional for this singular reason. The state is in an uproar over the move. A three judge bench led by CJI Dipak Misra is hearing the plea.

The bench today deferred the hearing after the state through additional Solicitor General Tushar Mehta said that it would have repercussions for the security personnel deployed on the ground for the local polls.


The polls will con tiniest from September to December. The bench accordingly posted the case for hearing in the second week of January, 2019.

The CJI said that the provision had existed for long and hence there would be no ipso facto hearing before a constitution bench just because some one has challenged it.

Thel local bar is also deeply divided into the issue had has struck work on the issue.