The Supreme Court on August 6th, 2018 has adjourned the hearing on PILs challenging the validity of
Article 35 A of the
Constitution which empowers the Jammu & Kashmir legislature to define “permanent residents” and to provide special rights and privileges to those permanent residents.
The adjournment which came soon after the court convened was sought by both the Centre and the Jammu & Kashmir administration on the ground that preparations for local body polls were underway. The Centre also said the interlocutor has been appointed and the talks are going on.
Chief Justice of India Dipak Misra and Justice A M Khanwilkar said that the matter will be listed before a three-judge bench in the week starting August 27. The bench would determine whether this matter is required to be referred to a five-judge bench.
In 2014, an NGO named ‘We the Citizens’ challenged Article 35 A in the Supreme Court on the grounds that the article was not added to the Constitution through amendment under
Article 368 and it was not approved by the parliament. On August 5th, just a day ahead of the hearing, a complete shutdown was observed in the Valley on the call of the separatist Joint Resistance Leadership, comprising
Syed Ali Geelani, Mirwaiz Umar Farooq, and Yasin Malik.
J&K Chief Justice Gita Mittal to unveil 'Insaf ki Dastak' to strengthen Access to Justice
Legal Insiders
Dec 08, 2020
Gautami Chakravarty
(
Editor: Ekta Joshi
)
3 Shares
‘Access to justice’ is an invaluable human right recognised in most constitutional democracies and civilised societies. Our Supreme Court has, in a Constitutional Bench judgement in 2016 , observed that "the Magna Carta, the Universal Declaration of Rights, the International Covenant on Civil and Political Rights, 1966, the ancient Roman Jurisprudential maxim of ‘Ubi Jus Ibi Remedium’, the development of fundamental principles of common law...
Forest Cover Decreasing, Encroachments Increasing: J&K HC Directs Forest Department to Take Urgent Steps [READ ORDER]
Judiciary
Oct 09, 2020
M.V Manasa
(
Editor: Ekta Joshi
)
5 Shares
In regard to the depleting forest cover in Jammu & Kashmir, the Single Bench of Justice Rajesh Bindal observed that certain steps need to be taken by the UT administration to improve the situation and find remedies. The Court observed that the way the forest department functions in the valley is not at all up to the mark and that it is not even monitoring the forest areas to prevent illegal encroachment. As per the order, Justice Bindal said that “This court is constrained to observe...
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