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SC: Three-judge bench will decide on pleas challenging Article 35A

As the matter came up in the backdrop of protests in J&K 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

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Cops try to stop Kashmiri traders during a march on the second day of strikes called by separatists against attempts to revoke articles 35A and 370 in Srinagar. Pic/AFP

Cops try to stop Kashmiri traders during a march on the second day of strikes called by separatists against attempts to revoke articles 35A and 370 in Srinagar. Pic/AFP

The Supreme Court on Monday said a three-judge bench would decide whether the pleas challenging Article 35A, which provides special rights and privileges to the natives of J&K, 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 hearing on 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. As the matter came up in the backdrop of protests in J&K 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.

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