Day 2 Arguments

Constitutionality of Article 35A

There are two major constitutional matters regarding Jammu and Kashmir’s special status currently pending before the Supreme Court. Chronologically, the first pertains to the constitutionality of Article 35A. One of the main issues in the case is whether Article 35A creates an unequal legal regime, one which discriminates on the basis of gender with regards to permanent residency status. The second case pertains to the constitutionality of the Union’s effective abrogation of Article 370, which revoked Jammu and Kashmir’s special constitutional status. The court will also examine the constitutionality of the recent Jammu and Kashmir Reorganisation Act, 2019, which divides the State into two Union Territories.

Given that the second case has potentially more far reaching consequences, the Supreme Court has prioritised it over the Article 35A matter. In fact, the challenge to Article 35A may become infructuous, if the court upholds the constitutionality of the abrogation of Article 370,

As such, this morning a bench comprising Justices NV RamanaR. Subhash Reddy and Bhushan Ramkrishna Gavai tagged the challenge to Article 35A to the Article 370 petitions.


(Court reporting by Sanya Talwar)