Article 35A likely to be heard by five-judge bench

The Supreme Court on Monday indicated that matters challenging the validity of Article 35A is an issue that should be decided by a five-judge bench.

Justices Dipak Misra and AM Khanwilkar then tagged a matter that highlighted the gender inequality in Article 35A to other matters that are already being heard by a bench led by the Chief Justice of India.

After six weeks, the apex court will finally decide whether this issue, along with the challenge to the constitutional validity of Article 35A under Article 370, should be heard by a five-judge bench.

The apex court's observations were made in response to a petition filed by a Kashmiri woman Dr Charu Wali Khanna, who married outside her caste and has settled outside the state of Jammu & Kashmir.

Meanwhile, records related to inserting Article 35 A in the Constitution in 1954 through a Presidential order are not traceable in the Ministry of Home Affairs, government sources said.

The Home Ministry has not filed an affidavit in SC but sources say at some point it will take a stand on the contentious issue. J&K CM Mehbooba Mufti was in Delhi last week rallying support from the BJP — her ally in the state government.