New Delhi: The Supreme Court of India has observed that the abrogation of Article 35A, which took place in 2019, amounted to a violation of the fundamental rights of the people of Jammu and Kashmir. This observation came during the 11th day of hearings on petitions challenging the central government’s move to revoke the special status of Kashmir. The petition was deliberated by a constitution bench comprising Chief Justice DY Chandrachud, along with Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya kant.
The Supreme Court emphasised that Article 35A, which granted special rights to the residents of Jammu and Kashmir, denied them three fundamental rights enjoyed by citizens in other parts of India. These excluded rights pertain to equality in government employment, the right to acquire immovable property, and the right to settle in the region. Furthermore, the court noted that Article 35A had stripped away these rights and the power of judicial review, leading to an inequitable situation.
The observations were made during the hearing of Solicitor General ,Tushar Mehta’s arguments, who represented the central government. Mehta contended that Article 35A was unique to Jammu and Kashmir and was established within the framework of the Indian Constitution solely for the region. He also mentioned that Article 370, which was repealed along with Article 35A, had initially been introduced due to historical exigencies. The Solicitor General stressed that correcting past mistakes should not hinder the prospects of future generations. He asserted that the abrogation of Article 370 and the concurrent removal of Article 35A had significantly bolstered investment and tourism in the region.
Article 35A, which conferred the Jammu and Kashmir legislature with the authority to define permanent residents and grant them special privileges in government employment, property ownership, and settlement, had been a contentious issue for years. Its abrogation in 2019 led to widespread debates and discussions regarding the region’s status and its integration with the rest of India.
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