The controversy surrounding the Constitutional "special" status to Jammu & Kashmir under Article 35A is likely to go before a five-judge Bench of the Supreme Court.
On Monday, the Court tagged a petition filed by a woman Charu Wali Khanna to be heard along with another petition filed by NGO We the Citizens, as both petitions challenged the validity of Article 35A.
With the other matter pending before a three-judge bench, a Bench headed by Justice Dipak Misra was of the view that if the petition raised an issue of constitutional interpretation, it will have to be decided by a Constitution Bench of five judges.
Moreover, the woman petitioner, hailing from J&K termed Article 35A as gender discriminatory as it denied women from owning property for marrying men outside the state while the same restriction did not apply on men who similarly marry women from outside the state.
"If Article 35A violates the basic structure of the Constitution, then the issue may be dealt by a five-judge bench," said the bench, also comprising Justice AM Khanwilkar. Article 35A, empowers the state's legislature to frame any law without attracting a challenge on the grounds of violating the Fundamental Right to Equality of people from other states or vis-à-vis other rights under the Constitution.