The Supreme Court today referred the petition challenging the constitutional validity of Article 35A of the Constitution to a 3-judge Bench..A Bench of Chief Justice JS Khehar and Justice DY Chandrachud passed the order today..The Public Interest Litigation petition filed by a NGO “we the citizen” challenges the constitutionality of Article 35 (a) of the Constitution of India contending that Article 370 of the Constitution does not confer any power on the President of India to amend the Constitution..Article 35A allows the State government of Jammu & Kashmir to enact laws to restrict persons outside Jammu & Kashmir from employment, right to acquire immovable property and settle in Jammu & Kashmir..The petitioner has contended that the said Article was enacted under the garb of the power under Article 370, though Article 370 does not confer such a power on the President..“A reading of Article 370 of the Constitution of India would show that there is no power conferred on the President of India to amend the constitution by adding new article.”.The petition further states that,.“The petitioner is unable to find out as to whether the President can amend the constitution by incorporating new Article by exercising power under Article 370 (1) (d) of the Constitution.”.It further states that Article 368 (i) of the Constitution empowers the parliament to amend, vary and repeal any provision of the Constitution and states that it is beyond the power and jurisdiction of the President to inculcate any article to the Constitution. The petition says:.“Therefore, the exercise of power by the President of India to amend the constitution by incorporating new Article is unconstitutional.”.The petitioner has submitted that no process of amendment can alter the basic structure of the Constitution and that any action taken contrary to Article 368 shall be void ab-initio..It is also the petitioner’s case that Article 35A is violative of Articles 14, 19 and 21 of the Constitution in that it creates a special class of citizen within a class of citizen of India which is unknown to law of citizenship..“The concept of special class of citizen is unknown to the law of citizenship. A perusal of Constitution of India would establish that the spirit of Indian constitution lies in oneness of the citizens of this country. Therefore, Article 35 (A) is highly discriminatory and therefore it is liable to be declared as unconstitutional.”.The petitioner has prayed for quashing the Constitution (Application to Jammu & Kashmir) Order, 1954, by which Article 35A has been inserted, as unconstitutional..The petitioner has also sought for a declaration that the Constitution can be amended only as provided under Article 368.
The Supreme Court today referred the petition challenging the constitutional validity of Article 35A of the Constitution to a 3-judge Bench..A Bench of Chief Justice JS Khehar and Justice DY Chandrachud passed the order today..The Public Interest Litigation petition filed by a NGO “we the citizen” challenges the constitutionality of Article 35 (a) of the Constitution of India contending that Article 370 of the Constitution does not confer any power on the President of India to amend the Constitution..Article 35A allows the State government of Jammu & Kashmir to enact laws to restrict persons outside Jammu & Kashmir from employment, right to acquire immovable property and settle in Jammu & Kashmir..The petitioner has contended that the said Article was enacted under the garb of the power under Article 370, though Article 370 does not confer such a power on the President..“A reading of Article 370 of the Constitution of India would show that there is no power conferred on the President of India to amend the constitution by adding new article.”.The petition further states that,.“The petitioner is unable to find out as to whether the President can amend the constitution by incorporating new Article by exercising power under Article 370 (1) (d) of the Constitution.”.It further states that Article 368 (i) of the Constitution empowers the parliament to amend, vary and repeal any provision of the Constitution and states that it is beyond the power and jurisdiction of the President to inculcate any article to the Constitution. The petition says:.“Therefore, the exercise of power by the President of India to amend the constitution by incorporating new Article is unconstitutional.”.The petitioner has submitted that no process of amendment can alter the basic structure of the Constitution and that any action taken contrary to Article 368 shall be void ab-initio..It is also the petitioner’s case that Article 35A is violative of Articles 14, 19 and 21 of the Constitution in that it creates a special class of citizen within a class of citizen of India which is unknown to law of citizenship..“The concept of special class of citizen is unknown to the law of citizenship. A perusal of Constitution of India would establish that the spirit of Indian constitution lies in oneness of the citizens of this country. Therefore, Article 35 (A) is highly discriminatory and therefore it is liable to be declared as unconstitutional.”.The petitioner has prayed for quashing the Constitution (Application to Jammu & Kashmir) Order, 1954, by which Article 35A has been inserted, as unconstitutional..The petitioner has also sought for a declaration that the Constitution can be amended only as provided under Article 368.
