SC Hints A Constitution Bench May Hear Petitions Challenging Art 35 A
7 years, 7 months ago

SC Hints A Constitution Bench May Hear Petitions Challenging Art 35 A

Live Law  

A two – judge bench of the Supreme Court headed by Justice Dipak Misra today said all petitions challenging the validity of Article 35 A which confers special status to Jammu and Kashmir pending before it should ideally go before a five judge bench.Saying this, the bench tagged a petition filed by a Supreme Court lawyer Charu Wali Khanna with another pending petition in which the. A two – judge bench of the Supreme Court headed by Justice Dipak Misra today said all petitions challenging the validity of Article 35 A which confers special status to Jammu and Kashmir pending before it should ideally go before a five judge bench. Saying this, the bench tagged a petition filed by a Supreme Court lawyer Charu Wali Khanna with another pending petition in which the Attorney General K K Venugopal has been asked to address the court. The hearing comes four weeks after the Modi government told the Supreme Court, during the hearing of another petition challenging the article that it wanted a “larger debate” on the issue.

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History of this topic

New SC Bench to Be Set Up to Hear Pleas Challenging Polygamy, 'Nikah Halala'
2 years ago

New SC Bench to Be Set Up to Hear Pleas Challenging Polygamy, 'Nikah Halala'

News 18  

The Supreme Court said Thursday it will set up a fresh five-judge Constitution bench at an “appropriate stage” to hear pleas challenging the constitutional validity of polygamy and ‘nikah halala’ among Muslims. A bench comprising Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala was urged by lawyer Ashwini Upadhyay, who has filed a PIL on the issue, …

SC refers legal validation of same-sex marriages to five-judge constitution bench
2 years ago

SC refers legal validation of same-sex marriages to five-judge constitution bench

Deccan Chronicle  

New Delhi: The Supreme Court on Monday referred the pleas seeking legal validation of same-sex marriages to a five-judge constitution bench for adjudication, saying the issue is of "seminal importance". A bench headed by Chief Justice D Y Chandrachud said the submissions on the issue involve an interplay between constitutional rights on the one hand and special legislative enactments, including …

SC to set up fresh 5-judge bench to hear pleas challenging polygamy and nikah halala
2 years, 2 months ago

SC to set up fresh 5-judge bench to hear pleas challenging polygamy and nikah halala

Deccan Chronicle  

NEW DELHI: The Supreme Court on Friday said that it will set up a five-judge Constitution bench to hear pleas challenging the constitutional validity of polygamy and 'nikah halala' practice among Muslims. A bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha took note of the submissions of lawyer Ashwini Upadhyay, who has filed one of the PILs on …

'Gender Inequality': Plea In SC Challenges The Constitutional Validity Of S. 125 CrPC
5 years, 6 months ago

'Gender Inequality': Plea In SC Challenges The Constitutional Validity Of S. 125 CrPC

Live Law  

A plea has been moved before the Supreme Court, challenging the constitutional validity of Section 125 of CrPC, on the grounds of gender inequality. Assailing the aforementioned presumption inherent in Section 125 CrPC, the Petitioner has raised his plea on the following grounds: 1. Therefore, Section 125 CrPC should not enjoy the protection of Article 15 in as much as …

Daily Bulletin: SC to hear Ayodhya case, pleas on validity of Article 35A today; NIA claims progress in Pulwama case; day's top stories
6 years, 1 month ago

Daily Bulletin: SC to hear Ayodhya case, pleas on validity of Article 35A today; NIA claims progress in Pulwama case; day's top stories

Firstpost  

Today’s top stories: The Supreme Court will conduct a hearing of the Ram Janmabhoomi-Babri Masjid case on Tuesday, BJP president Amit Shah to speak at the Rising India summit, India eyes medals at the ISSF New Delhi Shooting World Cup, and more. Supreme Court to hear petitions challenging constitutional validity of Article 35A The Supreme Court will start hearing petitions …

Article 35-A: SC to take ‘in-chamber’ decision on listing petition challenging constitutional validity of legislation
6 years, 2 months ago

Article 35-A: SC to take ‘in-chamber’ decision on listing petition challenging constitutional validity of legislation

Firstpost  

The Supreme Court on Tuesday said it would take an “in-chamber” decision on the listing of a petition challenging the constitutional validity of Article 35-A, which provides special rights and privileges to permanent residents of Jammu and Kashmir. New Delhi: The Supreme Court on Tuesday said it would take an “in-chamber” decision on the listing of a petition challenging the …

Supreme Court defers validity hearing of Article 35A till January 2019
6 years, 6 months ago

Supreme Court defers validity hearing of Article 35A till January 2019

Deccan Chronicle  

New Delhi: With the Centre and Jammu and Kashmir government citing law and order problem and local body elections till December, the Supreme Court on Friday deferred its hearing till January 2019, petitions challenging the validity of Article 35A of the Constitution. Venugopal and additional solicitor general Tushar Mehta for Jammu and Kashmir government that any debate and discussion on …

Article 35A : SC Defers Hearing In View Of Impending Local Body Elections in J&K
6 years, 6 months ago

Article 35A : SC Defers Hearing In View Of Impending Local Body Elections in J&K

Live Law  

SC accepted the adjournment request jointly made by the Centre and State citing apprehension of law and order issues in the upcoming local body electionsThe Supreme Court on Friday deferred to the second week of January, 2019 the hearing on the constitutionality of Article 35A in view of the Panchayat and municipality elections scheduled to be held in the state …

Supreme Court defers hearing over Article 35A after Govt cites law and order issue
6 years, 6 months ago

Supreme Court defers hearing over Article 35A after Govt cites law and order issue

India TV News  

Supreme Court defers hearing over Article 35A after Govt cites law and order issue Appearing in behalf of the state administration, Additional Solicitor-General of India Tushar Mehta told the top court that any decision on Article 35A could lead to deterioration of law and order situation in Jammu and Kashmir. The Supreme Court on Friday deferred hearing till January 19, …

An Article on J&K
6 years, 7 months ago

An Article on J&K

The Hindu  

As the Supreme Court begins looking into the validity of Article 35A, protests erupted in Jammu and Kashmir against the Article being altered. Article 35A is a provision incorporated in the Constitution through a Presidential Order, and not by parliamentary debate, giving the Jammu and Kashmir State Legislature a complete say in deciding who the ‘permanent residents’ of the State …

'Article 35A Was Not Incorporated In The Constitution Yesterday': SC Adjourns Hearing Of Petitions To August 27
6 years, 7 months ago

'Article 35A Was Not Incorporated In The Constitution Yesterday': SC Adjourns Hearing Of Petitions To August 27

Live Law  

The Supreme Court on Monday observed that the question whether the challenge to the validity of Article 35A is to be referred to a constitution bench shall be considered by a three-judge bench on August 27.“Article 35A was not incorporated in the Constitution yesterday. The Supreme Court on Monday observed that the question whether the challenge to the validity of …

'Article 35A Was Not Incorporated In The Constitution Yesterday': SC Adjourns Hearing Of Petitions To August 27
6 years, 7 months ago

'Article 35A Was Not Incorporated In The Constitution Yesterday': SC Adjourns Hearing Of Petitions To August 27

Live Law  

The Supreme Court on Monday observed that the question whether the challenge to the validity of Article 35A is to be referred to a constitution bench shall be considered by a three-judge bench on August 27.“Article 35A was not incorporated in the Constitution yesterday. The Supreme Court on Monday observed that the question whether the challenge to the validity of …

Supreme Court Reserves Judgment In Sabarimala Women's Entry Case
6 years, 7 months ago

Supreme Court Reserves Judgment In Sabarimala Women's Entry Case

Live Law  

In the post-lunch session on day 8 of the hearing of Sabarimala matter, Ms. Jaising prayed that women be accorded the same treatment, in context of the Sabarimala Temple, as the Harijans who were earlier disabled from entering places of worship.It was her contention that to restrain women from offering prayers at the Temple on the premise of preservation of …

Supreme Court Reserves Judgment In Sabarimala Women's Entry Case
6 years, 7 months ago

Supreme Court Reserves Judgment In Sabarimala Women's Entry Case

Live Law  

In the post-lunch session on day 8 of the hearing of Sabarimala matter, Ms. Jaising prayed that women be accorded the same treatment, in context of the Sabarimala Temple, as the Harijans who were earlier disabled from entering places of worship.It was her contention that to restrain women from offering prayers at the Temple on the premise of preservation of …

Interlocutor discussing issues about special rights to J&K residents: Centre to SC
6 years, 10 months ago

Interlocutor discussing issues about special rights to J&K residents: Centre to SC

Deccan Chronicle  

New Delhi: The Centre on Monday informed the Supreme Court that the interlocutor appointed by the Union Government had visited Jammu and Kashmir 10 times and had interactions with the stakeholders and the report is expected in three months. The bench was hearing a batch of petitions challenging the constitutional validity of this article which allows J&K legislature to define …

SC Refers Petition Challenging The Vires Of Section 497IPC To Constitution Bench [Read Order]
7 years, 2 months ago

SC Refers Petition Challenging The Vires Of Section 497IPC To Constitution Bench [Read Order]

Live Law  

A three Judge Bench of the Supreme Court of India on Friday referred the petition challenging the Constitutional validity of Section 497 IPC to the constitution Bench. The Supreme Court bench of Chief Justice Dipak Misra and Justices A. M. Khanwilkar and D. Y. Chandrachud observed in it's order; "As indicated in our earlier order, we had noted that the …

“Interlocutor” To Deal With Art 35 A Issue, Says AG; SC Gives Centre Three Months Time
7 years, 5 months ago

“Interlocutor” To Deal With Art 35 A Issue, Says AG; SC Gives Centre Three Months Time

Live Law  

The Supreme Court today adjourned the hearing on a slew of petitions challenging Article 35 A which conferred special rights and privileges to citizens of the Jammu and Kashmir after Attorney General K K Venugopal for the Centre said an interlocutor has been appointed who is dealing with it.It included petitions filed by NGO ‘We the Citizen’ and advocate Charu …

“Interlocutor” To Deal With Art 35 A Issue, Says AG; SC Gives Centre Three Months Time
7 years, 5 months ago

“Interlocutor” To Deal With Art 35 A Issue, Says AG; SC Gives Centre Three Months Time

Live Law  

The Supreme Court today adjourned the hearing on a slew of petitions challenging Article 35 A which conferred special rights and privileges to citizens of the Jammu and Kashmir after Attorney General K K Venugopal for the Centre said an interlocutor has been appointed who is dealing with it.It included petitions filed by NGO ‘We the Citizen’ and advocate Charu …

Supreme Court defers hearing in Article 35A case by two months
7 years, 5 months ago

Supreme Court defers hearing in Article 35A case by two months

India TV News  

The Supreme Court on Monday deferred by two months the hearing on four petitions challenging constitutional validity of Article 35 A, which grants special rights and privileges of permanent residents of Jammu and Kashmir. "Section 6 of the Jammu and Kashmir Constitution restricts the basic right of women to marry a man of their choice by not giving the heirs …

Article 35A debate in Jammu and Kashmir: Plea against special law is about women's rights not political future of Valley
7 years, 7 months ago

Article 35A debate in Jammu and Kashmir: Plea against special law is about women's rights not political future of Valley

Firstpost  

Does the Constitution of India perpetuate gender discrimination? The answer might be yes, but we are waiting on a five-judge bench of the Supreme Court to demystify the interpretation of Article 35A of the Constitution of India that allegedly denies Kashmiri women and their descendants their property rights and bars them from applying for local jobs if they marry outside …

5-judge bench may hear Article 35A plea
7 years, 7 months ago

5-judge bench may hear Article 35A plea

Deccan Chronicle  

New Delhi: The Supreme Court on Monday indicated that a five-judge Constitution bench will hear petitions challenging the legality and constitutional validity of Article 35A, which confers a special status on Jammu and Kashmir. A bench of Justices Dipak Misra and A.M. Khanwilkar gave this indication to counsel for petitioner Charu Wali Khanna, a Kashmiri Pandit woman challenging the Article …

SC Hints A Constitution Bench May Hear Petitions Challenging Art 35 A
7 years, 7 months ago

SC Hints A Constitution Bench May Hear Petitions Challenging Art 35 A

Live Law  

A two – judge bench of the Supreme Court headed by Justice Dipak Misra today said all petitions challenging the validity of Article 35 A which confers special status to Jammu and Kashmir pending before it should ideally go before a five judge bench.Saying this, the bench tagged a petition filed by a Supreme Court lawyer Charu Wali Khanna with …

Article 35 A debate warms up as five-judge constitution bench will hear plea today
7 years, 7 months ago

Article 35 A debate warms up as five-judge constitution bench will hear plea today

Firstpost  

If Article 35 A relating to special rights and privileges of the citizens of the Jammu and Kashmir is ultra vires of the Constitution or if there is any procedural lapse, the issue may be dealt with by a five-judge constitution bench, the Supreme Court indicated on Monday. “If this matter requires to be heard by a five-judge constitution bench, …

SC Identifies Constitutional Hurdles Ahead For Women Before They Claim Their Right To Enter Sabarimala
8 years, 1 month ago

SC Identifies Constitutional Hurdles Ahead For Women Before They Claim Their Right To Enter Sabarimala

Live Law  

Senior counsel for the Travancore Devaswom Board, K.K.Venugopal today told the Supreme Court bench of Justices Dipak Misra, R.Banumathi and Ashok Bhushan that the case dealing with right of women to enter Sabarimala temple in Kerala involves substantive interpretation of the Constitution, under Article 145 of the Constitution. Citing the Supreme Court’s five-Judge Constitution bench’s decision in 1957 in Sri …

SC Identifies Constitutional Hurdles Ahead For Women Before They Claim Their Right To Enter Sabarimala
8 years, 1 month ago

SC Identifies Constitutional Hurdles Ahead For Women Before They Claim Their Right To Enter Sabarimala

Live Law  

Senior counsel for the Travancore Devaswom Board, K.K.Venugopal today told the Supreme Court bench of Justices Dipak Misra, R.Banumathi and Ashok Bhushan that the case dealing with right of women to enter Sabarimala temple in Kerala involves substantive interpretation of the Constitution, under Article 145 of the Constitution. Citing the Supreme Court’s five-Judge Constitution bench’s decision in 1957 in Sri …

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