Should Art 35A pleas go to Constitution bench? 3-judge SC bench to decide

The Supreme Court on Monday said that a three-judge bench would decide whether the pleas challenging Article 35A, which provides special rights and privileges to the natives of Jammu and Kashmir, should be referred to a five-judge Constitution bench for examining the larger issue of alleged violation of the doctrine of basic structure of the Constitution.

A bench comprising Chief Justice Dipak Misra and Justice A Khanwilkar adjourned the crucial hearing on as many as five petitions "to the week commencing from August 27" on the grounds that they pertained to the challenge to a Constitutional scheme and could not be heard as the third judge, Justice D Y Chandrachud, was not present on Monday.

As the matter came up on Monday in the backdrop of protests in Jammu and Kashmir on the issue, the state government sought adjournment of the hearing citing upcoming local body elections in the state and was supported by the Centre.

The lawyers for petitioners, however, vehemently opposed the adjournment plea and sought an early hearing after the bench clarified that it cannot take up the matter due to lack of quorum