Amid a tense situation in Jammu and Kashmir, the Supreme Court is all set to hear a batch of petitions on Monday that challenge the validity of Article 35A of the Constitution, which bars non-natives from owning property in the state and grants special privileges to the residents of the state.
Separatist groups had given a call for a two-day strike in the Kashmir valley from Sunday to warn against tampering with Article 35A. On Sunday, the strike affected life in Srinagar, Baramulla, Sopore, Handwara, Kupwara, Bandipore and other areas. Separatist leader Mirwaiz Umar Farooq tweeted on Sunday evening that the strike on Monday would send a “sterner” message.
The state government had on Friday moved an application before the Supreme Court and sought to defer the hearing of the Article 35A petitions, citing upcoming panchayat and urban local body elections.
Earlier in May, the Supreme Court had deferred the hearing of Article 35A petitions, saying that Dineshwar Sharma, the interlocutor appointed by the Narendra Modi government, was making efforts to find a solution; in such a situation, passing an interim order would have proven futile, the Supreme Court opined.
The Modi government decided not to file a counter-affidavit in the Article 35A issue, in order to leave the Supreme Court free to decide on what is essentially an interpretation of the law and the Constitution.
Article 35A was incorporated into the Constitution by a presidential order in 1954, stating all those living in Jammu and Kashmir at that time and also those who lived in the state for 10 years anytime since, would be considered as its permanent residents.
These residents have been issued a certificate, which entitled them to special benefits in employment and other matters. But the biggest advantage provided by Article 35A is that only the permanent residents have the right to own and buy property in the state.
A non-governmental organisation, We the Citizens, filed a petition in the Supreme Court in 2014 to repeal Article 35A on the grounds that it was "unconstitutional". We the Citizens has been linked to the RSS.
There are apprehensions, among sections of Kashmiris, that if Article 35A is repealed or diluted, outsiders would settle in Jammu and Kashmir.
The matter of Article 35A has united Kashmiri separatists and mainstream politicians. Former chief minister and leader of the PDP Mehbooba Mufti had warned that “fiddling” with Article 35A would have “catastrophic ramifications on the entire country”. Both the PDP and National Conference have staged protests on the Article 35A issue.
The Modi government and the Supreme Court, on the other hand, are treading rather cautiously in dealing with the sensitive issue.