National Conference moves SC in support of Article 35-A

The Jammu and Kashmir National Conference (NC) today moved the Supreme Court in support of the Constitution's Article 35-A that empowers the state assembly to define "permanent residents" for bestowing special rights and privileges to them.

After the CPI(M)'s Jammu and Kashmir unit, the NC moved the present petition seeking to be heard in the present matter, saying that the Article serves as an important link between the state and the Union and its people and serves to maintain a fine balance of constitutional federalism.

The apex court is already seized of a batch of petitions in the matter, including the one filed by NGO We the Citizens seeking quashing of the article, which confers special status to permanent residents of Jammu and Kashmir.

The NC's intervening application, filed through advocate Adeeba Mujhaid, has sought intervention in the "We the Citizens" petition, saying that the challenge raised in the pending writ petition suffers from gross delays and latches and being raised after more than 60 years and cannot be maintainable.

The matter is listed for hearing on Monday before a bench comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud.

"Any attempt to tinker with the said balance would ruin the fabric of the federal structure envisaged under the Constitution and jeopardise the avowed special status guaranteed to the state of Jammu and Kashmir, thereby landing a devastating fatal blow to the state and its probe," the petition filed by NC through its provincial president Nasir Aslam Wani said.

It said that "Article 35-A and the special status and special laws of the J-K are a crucial existential issue for the state and its people."