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NEW DELHI: The politically sensitive hearing on validity of Article 35A of the Constitution, which gives J&K residents several special privileges, ended tamely on Monday with the Supreme Court acceding to the request of the Centre and the state for an adjournment because of preparations for panchayat polls.

As soon as the case was called for hearing before Chief Justice Dipak Misra and Justice A M Khanwilkar, additional solicitor general Tushar Mehta referred to a letter circulated by the state seeking adjournment of hearing “on account of the ongoing preparations for the upcoming panchayat/urban local body and municipal elections in the state of Jammu and Kashmir”.

He was joined by attorney general K K Venugopal, who on behalf of the Union government made an identical request which was objected to by the petitioners, who said the issue required urgent adjudication and no adjournment should be granted.

But the CJI told the counsel for petitioners that the petitions in the past had always been heard by a three-judge bench and it could not be heard on Monday as it was before a two-judge bench. The third judge, Justice D Y Chandrachud, was on leave following the birth of a grandchild on Saturday.

The CJI also pointed out that since the matter involved a constitutional question, that is whether Article 35A violated the basic structure of the Constitution, including the fundamental rights of citizens, this would require hearing by a five-judge bench. “A three-judge bench will decide whether or not this matter requires reference to a five-judge bench,” he said. The bench fixed the hearing before a three-judge bench in the week commencing from August 27 “to test the preliminary arguments of petitioners”.

The counsel for petitioners protested the manner in which statements were being made by political leaders from J&K against the SC taking up the hearing and even advocates there going on strike. But the CJI-led bench said all arguments could be advanced when the three-judge bench took them up the matter.

Article 35A was inserted in the Constitution through a Presidential Order — Constitution (Application to Jammu and Kashmir ) Order — in 1954. It gave special status to the J&K residents and empowered the state legislature to give preferential treatment to its residents in matters relating to employment in government, acquisition of immovable property in the state, settlement rights and in getting scholarships and aid from the state government.

This has been challenged on the ground that it not only violated the right to equality guaranteed to all citizens under Article 14, but also violated the right to settle anywhere in India under Article 19 of the Constitution.

