As a debate is raging on Article 35A of the Constitution, which gives special status to the state of Jammu and Kashmir under Article 370, the Centre is of the view that the matter under the lens in the apex court is more "procedural in nature" instead of a substantive issue on the desirability of the law.
While the Union home ministry is not directly addressing the issue and would not be filing an affidavit, the attorney general will undertake the task and explain the government's stand on the matter.
"The AG would reiterate the legal aspects as they exist in the Indian Constitution. The PIL in the Supreme Court is more procedural in nature than dealing with a substantive issue on the law itself. So the government will explain the procedure as laid down in the Indian Constitution," a senior government official said.
Jammu and Kashmir Chief Minister Mehbooba Mufti is in Delhi on Thursday, where she met Home Minister Rajnath Singh at North Block. Mehbooba is trying to gather support to prevent any attempts to remove the special status to the state under the Constitution. She is likely to meet Prime Minister Narendra Modi on Friday and call on President RamNath Kovind .
Significantly, Article 35A was added to the Constitution by a Presidential Order in 1954. It empowers the J&K government to define "permanent residents" of the state and bars non-residents from purchasing land.
The Presidential Order of 1954 provides the framework for the division of powers between the Centre and the state under article 370. Sources also said a Presidential Order issued under article 370 requires the concurrence of the state assembly.
Government officials said the limited issue is about the "application" of provisions which are already enshrined in the Indian Constitution. “Those talking about revisiting accession of JK don't realise that the issue is limited here. The government is keen to explain the legal aspects as they exist in the Indian constitution," said an official. The apex court will examine the matter and take a view, another official said.
A political battle has ensued with the BJP saying that the provision encourages alienation. But its ruling partner in the state, the PDP, and the opposition National Conference feel that allowing outsiders to buy land in the state would erode its special status.
The matter came under focus after a Kashmiri woman Charu Wali Khan sought changes in the constitutional provisions as she wanted succession rights though she is settled outside the state.
