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Chief Justice: Article 35A Stripped Fundamental Rights in Jammu and Kashmir

#BIG ‘Fundamental Rights were taken away by #Article35A’ – CJI DY Chandrachud In Article 370 Hearing

Chief Justice of India DY Chandrachud highlighted that Article 35A stripped non-residents of Jammu and Kashmir of significant constitutional rights. During the hearing of petitions challenging the revocation of Article 370, Chandrachud noted that this article deprived citizens of employment, equality of opportunity, and the right to acquire property if they didn’t reside in the region. He emphasized that the special rights granted to residents led to the exclusion of non-residents. Article 35A, abolished in August 2019 alongside Article 370, allowed the state legislature to define “permanent residents” and grant them special rights regarding employment, property, and settlement.

Chandrachud pointed out that Article 16(1)’s direct right to employment under the state government was negated by Article 35A. Similarly, Article 19’s recognition of the right to settle anywhere in the country was nullified. This eroded the power of judicial review. The argument for scrapping Jammu and Kashmir’s special status was centered on creating a level playing field. Solicitor General Tushar Mehta contended that this move aligned the region with the rest of the nation, allowing for the implementation of previously excluded welfare laws, like the Right to Education. Chandrachud and Mehta both exemplified how constitutional amendments hadn’t been applicable to Jammu and Kashmir without Article 370 invocation, underlining the significance of the revocation.

#Article35A #JammuAndKashmir #ConstitutionalRights #EqualityBeforeLaw #IndianJudiciary

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